LIBRARY  OF  THE 
UNIVERSITY  OF  ILLINOIS 
AT  URBANA-CHAMPAIGN 


352.0773 

M75o 

1883 

I  .  H  .  S  . 


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AN  ORDINANCE  in  regard  to  the  publication  of  the  Ordinances 
and  Laws  of  the  City  of  Monmouth. 

Be  it  ordained  by  the  City  Council  of  the  city  of  Monmouth : 

Section-  1.  That  the  ordinances  and  laws  governing  the  city  of 
Monmouth,  as  codified  and  revised  by  Silas  W.  Porter,  be  and  the 
same  are  hereby  ordered  printed  and  published  in  a  hound  volume,  to 
he  entitled  “The  Municipal  Code  of  Monmouth.' ” 

Sec.  2.  This  ordinance  shall  be  in  force  from  and  after  its 
passage. 

STATE  OF  ILLINOIS,  WARREN  COUNTY,  \ 

City  of  Monmouth.  f  ^  * 

I,  William  A.  Grant,  city  clerk  of  the  city  of  Monmouth,  do 
hereby  certify  that  the  above  and  foregoing  is  a  correct  copy  of  an 
ordinance  entitled  u  An  ordinance  in  regard  to  the  publication  of 
the  ordinances  and  laws  of  the  city  of  Monmouth,”  passed  by  the 
city  council  of  said  city  March  12,  1883,  and  approved  by  the  mayor 
of  said  city  March  13,  1883.  I  further  certify  that  the  original  of 
said  ordinance  is  on  file  in  my  office,  and  that  I  am  by  law  entrusted 
with  the  custody  of  the  same. 

Witness  my  hand  and  the  seal  of  said  city  this  9th  day 
of  April,  A.  D.  1883. 

WILLIAM  A.  GRANT, 

City  Clerk 

%j  • 


[l.  s.] 


THIS 


MUNICIPAL  CODE 

OF 

*  v 

MONMOUTH, 


COMPRISING  THE 

LAWS  OF  ILLINOIS  RELATING  TO  THE  CITY  OF  MONMOUTH 


AND  THE 

• ► 

t 

ORDINANCES  OF  THE  CITY  COUNCIL, 

CODIFIED  AND  REVISED 


SILAS  W.  PORTER,  ATTORNEY  AT  LAW. 


PUBLISHED  BY  AUTHORITY  OF  THE  CITY  COUNCIL. 


1 

MONMOUTH,  ILL.: 
REVIEW  BOOK  AND  JOB  PRINT. 
1883, 


OFFICERS  OF  THE  CITY  GOVERNMENT 

OF  THE  CITY  OF  MONMOUTH. 


ITHAMAR  P.  PILLS  BURY, 

Mayor,  and  President  ex  officio  of  the  City  Council. 


MEMBERS  OF  THE  CITY  COUNCIL. 


W.  A.  Robinson, 
J.  B.  SOFIELD, 


[ELECTED  FROM  OLD  WARDS.] 

N.  S.  Woodward,  C.  A.  Dunn, 

J.  H.  Pattee,  Charles  W.  Gilbert. 


CITY  OFFICERS. 

Wm.  A.  Grant .  City  Clerk. 

Fred  E.  Harding . City  Treasurer. 

T  Silas  W.  Porter . City  Attorney. 

0.  D.  Wilcox . City  Marshal. 

George  Penyx . ;• .  .Deputy  Marshal. 

,,  A.  P.  Hutchinson . Police  Magistrate. 

W.  P.  Rupp . Weighmaster. 

^  Wm.  Gunthorp . Sexton. 

\  Thos.  S.  McClanahan . City  Engineer. 

^  3  » 

HEALTH  DEPARTMENT. 

b 

W.  S.  Holliday,  M.  D.,  Health  Officer  and  Chairman  ex  officio  of  the 

Board  of  Health. 

BOARD  OF  HEALTH. 

W.  S.  Holliday,  M.  D.,  A.  Y.  T.  Gilbert,  M.  D., 

R.  B.  McCleary,  M.  D. 

A  ' 

STREET  SUPERVISORS. 

John  Turnbull,  Isaac  C.  Hodgens,  B.  F.  Foote. 


I  I  92250 


MAYORS 

OF  THE 

CITY  OF  MONMOUTH, 

From  the  Date  of  its  Incorporation ,  1852. 


Samuel  Wood . 1852 

George  W.  Palmer .  1853 

E.  S.  S wrote y . 1854 

Robert  Grant . 1855 

W.  H.  Young . 1856 

I.  Quinby . 1857 

J.  H.  Holt . 1858 

N.  A.  Rankin . 1859 

N.  A.  Rankin . 1860 

H.  G.  Hardin . 1861 

H.  G.  Hardin . 1862 

Samuel  Wood . 1863 

William  Cowan . 1864 

William  Cowan . 1865 

George  Babcock . 1866 

John  M.  Turnbull . 1867 

Samuel  Wood . ” . 1868 

J.  A.  Templeton . 1869 

S.  Douglas . 1870 

W.  B.  Boyd . 1871 

W.  M.  Buffington . 1872 

D.  Babcock . 1873 

J.  H.  Holt . 1874 

J.  H.  Holt . 1875 

J.  L.  Dryden . 1876 

J.  H.  Holt . 1877 

J.  M.  McCutcheon . 1878 

J.  M.  McCutcheon . 1879 

William  Hanna . 1880 

William  Hanna . 1881 

Ithamar  P.  Pillsbury . 1882 


CONSTITUTIONAL  PROVISIONS, 

S  T  A  T  U  T  E  8 


AND 


CONSTITUTIONAL  PROVISIONS. 

In  RELATION  TO  ClTY  GOVERNMENTS. 


Article  IV. 

Section  4.  Pso  person  who  has  been,  or  hereafter  shall  be,  con¬ 
victed  of  bribery,  perjury,  or  other  infamous  crime,  nor  any  person 
who  has  been  or  may  be  a  collector  or  holder  of  public  moneys,  who 
shall  not  have  accounted  for,  and  paid  over,  according  to  law,  all  such 
moneys  due  from  him,  shall  be  eligible  to  the  general  assembly,  or  to 
any  office  of  profit  or  trust  in  this  state. 

§  22.  The  general  assembly  shall  not  pass  local  or  special  laws 
in  any  of  the  following  enumerated  cases,  that  is  to  say:  for 

^  5^  >jC 

incorporating  cities,  towns,  or  villages,  or  changing  or  amending  the 
charter  of  any  town,  city,  or’ village. 

sfc  ^ 

Creating,  increasing  or  decreasing  fees,  percentage  or  allowances 
of  public  officers,  during  the  term  for  which  said  officers  are  elected 
or  appointed. 

§  23.  The  general  assembly  shall  have  no  power  to  release  or 
extinguish,  in  whole,  or  in  part,  the  indebtedness,  liability,  or  obli¬ 
gation  of  any  corporation,  or  individual,  to  this  state,  or  to  any  mu¬ 
nicipal  corporation  therein. 

§  28.  No  law  shall  be  passed  which  shall  operate  to  extend  the 
term  or  any  public  officer  after  his  election  or  appointment. 

.  Article  V. 

Section  25.  All  civil  officers,  except  members  of  the  general 
assembly,  and  such  inferior  officers  as  may  be  by  law  exempted,  shall, 
before  they  enter  on  the  duties  of  their  respective  offices,  take  and 
subscribe  the  following  oath  or  affirmation : 

I  clo  solemnly  swear  (or  affirm  as  tlie  case  may  be),  that  I  will  support  the  Consti¬ 
tution  of  the  United.  States,  and  the  Constitution  of  the  State  ot  Illinois,  and  that  I  will 
faithfully  discharge  the  duties  of  the  office  of  according  to  the  best  of 

my  ability. 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a 
qualification. 

Article  VIII. 

Section  3.  Neither  the  general  assembly,  nor  any  county,  city, 
town,  township,  school  district,  or  other  public  corporation,  shall  ever 


4 


CONSTITUTIONAL  PROVISIONS  IN 


make  any  appropriation,  or  pay  from  any  public  fund  whatever,  an}T- 
thing  in  aid  of  any  church  or  sectarian  purpose,  or  to  help  support 
or  sustain  an}r  school,  academy,  seminary,  college,  university,  or  other 
literary  or  scientific  institution,  controlled  by  any  church  or  sectarian 
denomination  whatever;  nor  shall  any  grant,  or  donation  of  land, 
money,  or  other  personal  property  ever  be  made  by  the  state  or  an}r 
such  public  corporation,  to  any  church  or  for  any  sectarian  purpose. 

Article  IX. 

Section  9.  The  general  assembly  may  vest  the  corporate  authoi- 
ties  of  cities,  towns  and  villages  with  power  to  make  local  improve¬ 
ments  by  special  assessments,  or  by  special  taxation  of  contiguous 
property,  or  otherwise.  For  all  other  corporate  purposes,  all  munic¬ 
ipal  corporations  may  be  vested  with  authority  to  assess  and  collect 
taxes;  but  such  taxes  shall  be  uniform  in  respect  to  persons  and  prop¬ 
erty,  within  the  jurisdiction  of  the  body  imposing  the  same. 

§  10.  The  general  assembly  shall  impose  taxes  upon  municipal 
corporations,  or  the  inhabitants  or  property  thereof,  for  corporate 
purposes,  but  shall  require  that  all  the  taxable  property  within  the 
limits  of  municipal  corporations  shall  be  taxed  for  the  payment  of 
debts  contracted  under  authority  of  law,  such  taxes  to  be  uniform  in 
respect  to  persons  and  property,  within  the  jurisdiction  of  the  body 
imposing  the  same.  Private  property  shall  not  be  liable  to  be  taken 
or  sold  for  the  payment  of  the  corporate  debts  of  a  municipal  corpo¬ 
ration. 

55  11.  No  person  who  is  in  default,  as  collector  or  custodian  of 
money  or  property  belonging  to  a  municipal  corporation,  shall  be 
eligible  to  any  office  in  or  under  such  corporation.  The  fees,  salary, 
or  compensation  of  no  municipal  officer  who  is  elected  or  appointed 
for  a  definite  term  of  office,  shall  be  increased  or  diminished  during 
such  term. 

§  12.  No  county,  city,  township,  school  district,  or  other  munici¬ 
pal  corporation,  shall  be  allowed  to  become  indebted  in  any  manner 
or  for  any  purpose,  to  an  amount,  including  existing  indebtedness,  in 
the  aggregate  exceeding  five  per  centum  on  the  value  of  the  taxable 
property  therein,  to  be  ascertained  by  the  last  assessment  for  state  and 
county  taxes,  previous  to  the  incurring  of  such  indebtedness.  Any 
county,  city,  school  district,  or  other  municipal  corporation,  incurring 
any  indebtedniss  as  aforesaid,  shall,  before  or  at  the  time  of  doing  so, 
provide  for  the  collection  of  a  direct  annual  tax  sufficient  to  pay 
the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay  and  discharge 
the  principal  thereof  within  twenty  years  from  the  time  of  contract¬ 
ing  the  same.  This  section  shall  not  be  construed  to  prevent  any 
county,  city,  township,  school  district,  or  other  municipal  corporation 
from  issuing  their  bonds  in  compliance  with  any  vote  of  the 
people  which  may  have  been  had  prior  to  the  adoption  of 
this  constitution  in  pursuance  of  any  law  providing  therefor. 


IX  RELATION-  TO  CITY  GOVERNMENTS. 


O 


Article  XI. 

Section  4.  No  law  shall  be  passed  by  the  general  assembly  grant¬ 
ing  the  right  to  construct  and  operate  a  street  railroad  within  any 
city,  town  or  incorporated  village,  without  requiring  the  consent  of 
the  local  authorities  having  the  control  of  the  street  or  high  way  pro¬ 
posed  to  be  occupied  bv  such  street  railroad. 

MUNICIPAL  SUBSCRIPTIONS  TO  RAILROADS.  ETC. 

No  county,  city,  town,  township  or  other  municipality,  shall  ever 
become  subscriber  to  the  capital  stock  of  any  railroad  or  private  cor¬ 
poration,  or  make  donation  to  or  loan -its  credit  in  aid  of  such  corpo¬ 
ration  :  Provided,  however ,  that  the  adoption  of  this  article  shall 
not  be  construed  aw  affecting  the  right  of  any  municipality  to  make 
such  subscriptions  where  the  same  have  been  authorized,  under  exist¬ 
ing  laws,  by  a  vote  of  the  people  of  such  municipalities  prior  to  such 
adoption. 


STATUTES 


Relating  to  the  Government  of  the  City  of  Monmouth. 


AN  ACT  to  provide  for  the  Incorporation  of  Cities  and  Villages. 

%  * 

Adopted  by  the  City  of  Monmouth,  April  3d,  1882. 


ARTICLE  I. 


THE  ORGANIZATION  OF  CITIES. 


1.  How  city  may  incorporate  under  thin  act.  J  That  any  city  now 
existing  in  this  state  may  become  incorporated  under  this  act  in  the 
manner  following  :  Whenever  one-eighth  of  the  legal  voters  of  such 
city,  voting  at  the  last  preceding  municipal  election,  shall  petition 
the  mayor  and  council  thereof  to  submit  the  question  as  to  whether 
such  city  shall  become  incorporated  under  this  act,  to  a  vote  of  the 
electors  in  such  city,  it  shall  be  the  duty  of  such  mayor  and  council  to 
submit  such  question  at  the  next  ensuing  municipal  election  of  such 
city.  Or  on  the  third  Tuesday  of  April,  as  provided  for  in  article  four 
(4)  of  said  act,  for  holding  municipal  elections,  provided  there  shall  lie 
sufficient  time  intervening  to  give  the  notice  required  by  law. 

2.  Notice  of  Election .J  §  2.  The  mayor  of  such  city  shall  give  at 
least  thirty  days'  notice  of  such  election,  by  publishing  a  notice  therot 
in  one  or  more  newspapers  within  such  city  ;  but  if  no  newspaper 
is  published  therein,  then,  by  posting  at  least  five  copies  of  such  no¬ 
tice  in  each 

3.  The  ba l §  3.  The  ballots  to  be  used  at  such  -elec¬ 
tion  shall  be  in  the  following  form  :  “For  city  organization  under 
general  law;'  or,  ‘“Against  city  organization  under  general  law." 
The  judges  of  such  election  shall  make  returns  thereof  to  the  city 
council,  whose  duty  it  shall  be  to  canvass  such  returns  and  cause  the 
result  of  such  canvass  to  be  entered  on  the  records  of  such  city.  If  a 
majority  of  the  votes  cast  at  such  election  shall  be  for  city  organiza¬ 
tion  under  general  law,  such  city  shall  thenceforth  be  deemed  to  be 
organized  under  this  act,  and  the  city  officers  then  in  office,  shall 
thereupon  exercise  fh?  powers  conferred  upon  like  officers  in  this  act, 
until  their  successors  shall  be  elected  and  qualified. 


8 


STATUTES  RELATING  TO  TIIE  MUNICIPAL 


d.  Ilote  towns  may  become  cities .  |  g  d.  Any  incorporated  town 
or  village  in  this  state,  having  a  population  of  not  less  than  one 
thousand  (1,000)  inhabitants,  may  become  incorporated  as  a  city  in 
like  manner  as  hereinbefore  provided  ;  but  in  all  such  cases  the  presi¬ 
dent  and  trustees  of  such  town  or  village  shall,  respectively,  perform 
the  same  duties  relative  to  such  change  of  organization  as  is  above  re- 
quired  to  be  performed  by  the  mayor  and  council  of  cities. 

5,  Organizing  a  city- — petition — election — result. ]  §  5.  Whenever 

any  area  of  contiguous  territory  in  this  state,  not  exceeding  four 
square  miles,  shall  have  resident  thereon  a  population  of  not 
less  than  one  thousand  inhabitants,  which  shall  not  already  be  in¬ 
cluded  within  any  incorporated  town  or  city,  the  same  may  become 
incorporated  as  a  city  in  manner  following  :  Any  fifty  legal  voters 
thereof  may  file  in  the  office  of  the  clerk  of  the  county  court,  of  the 
county  in  which  such  inhabitants  reside,  a  petition,  addressed  to  the 
judge  of  such  court  ;  and  if  the  territory  described  in  said  petition 
shall  be  in  more  than  one  county,  then  the  petition  shall  be  addressed 
to  the  judge  of  the  court  where  a  greater  part  of  such  territory  is  sit¬ 
uated  ;  which  petition  shall  define  the  boundaries  of  such  proposed 


city,  and  state  the  number  of  inhabitants  residing  within  such  limits, 
and  also  state  the  name  of  such  proposed  city,  and  shall  contain  a 
prayer  that  the  question  be  submitted  to  the  legal  voters  residing 
within  such  limits,  whether  they  will  organize  as  a  city  under1  this 
act.  It  shall  be  the  duty  of  the  county  judge  to  fix  a  time  and  place, 
within  the  boundaries  of  such  proposed  city,  at  which  an  election 
may  be  held  to  determine  such  question  ;  and  such  judge  shall  name 
the  persons  to  act  as  judges  in  holding  such  election,  and  shall  give 
notice  thereof  by  causing  ten  notices  to  be  posted  in  public  places 
within  such  proposed  city.  And  the  third  section  of  this  article  shall 
be  applicable  to  such  election:  Provided ,  that  the  returns  of  such 
election  shall  be  made  to  and  canvassed  by  the  county  judge,  and  any 
two  justices  of  the  peace  whom  he  shall  call  to  his  assistance,  instead 
of  the  city  council  ;  and  the  result  of  such  election  shall  be  entered 
upon  the  records' of  such  county  court.  If  a  majority  of  the  votes 
cast  at  such  election  shall  be  “For  city  organization  under  general 
law."  the  inhabitants  of  such  territory,  described  in  such  petition, 
shall  be  deemed  to  be  incorporated  as  a  city,  dpr  this  act,  and  with 
the  name  stated  in  the  petition. 

6.  Courts  to  take  judicial  notice  of  or  (jo  g  6.  All 

courts  in  this  state  shall  take  judicial  notic*  a  the  existence  of  all 
villages  and  cities  organized  under  this  act,  and  of  the  change  of  the 
organization  of  any  town  or  city  from  its  original  organization,  to 
its  organization  under  this  act ;  and  from  the  time  of  such  organiza¬ 
tion  or  change  of  organization,  the  provisions  of  this  act  shall  be  ap¬ 
plicable  to  such  cities  and  villages,  and  all  laws  in  conflict  therewith 
shall  no  longer  be  applicable.  But  all  laws  or  parts  of  laws,  not  in¬ 
consistent  with  the  provisions  of  this  act.  shall  continue  in  force  and 
applicable  to  any  such  city  or  yillege,  the  same  as  if  such  change  of 
organization  had  not  taken  place. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


9 


7.  Election  of  officers.]  §  7.  It  shall  be  the  duty  of  the  presi¬ 
dent  and  board  of  trustees  of  any  town  which  shall  have  voted  to 
change  its  organization  to  a  city,  under  this  act,  to  call  and  give  no¬ 
tice  of  an  election  to  elect  city  officers,  and  to  designate  the  time  and 
place  or  places  of  holding  the  same.  Such  notice  shall  be  published 
iir-a  newspaper,  if  there  be  one,  within  the  town,  or  posted  in  ten 
public  places,  for  at  least  twenty  days  before  such  election.  Such 
president  and  trustees  shall  appoint  the  judges  and  clerks  to  hold  such 
election,  canvass  the  returns  thereof,  and  cause  the  result  to  be  en¬ 
tered  upon  the  records  of  the  town;  and  the  provisions  of  this  act, 
relative  to  the  election  of  city  officers,  shall  be  applicable  thereto; 
but,  at  such  election,  aldermen  may  be  elected  on  a  general  ticket. 

8.  When  county  judge  to  give  notice  of  election ,  etc.]  §  8.  In 
case  of  cities  organizing  under  section  five  (5)  of  this  article,  the 
county  judge  shall  call  and  give  notice  of  the  election,  and  perform 
the  same  duties  relative  thereto  as  is  above  required  to  be  performed 
by  president  and  trustees  of  such  town,  and  in  canvassing  such  returns 
shall  call  to  his  assistance  two  justices  of  the  peace. 

9.  Term  of  first  officers.]  §9.  The  city  officers  elected  under 
either  of  the  preceding  sections,  shall  hold  their  respective  offices 
until  the  next  succeeding  regular  election  for  such  officers,  respect¬ 
ively,  and  until  their  successors  are  elected  and  qualified,  as  provided 
in  this  act. 

10.  Corporate  name — powers.]  §  10.  Cities  organized  under 
this  act  shall  be  bodies  politic  and  corporate,  under  the  name  and  style 
.of  u  City  of  (name),1'  and  under  such  name  may  sue  and  be  sued, 
contract  and  be  contracted  with,  acquire  and  hold  real  and  personal 
property  for  corporate  purposes,  have  a  common  seal,  and  change  the 
same  at  pleasure,  and  exercise  all  the  powers  hereinafter  conferred. 

11.  Prior  ordinances ,  etc.,  in  force  until,  etc.]  §  11.  All  ordi¬ 
nances,  resolutions  and  by  laws  in  force  in  any  city  or  town  when  it 
shall  organize  under  this  act,  shall  continue  in  full  force  and  effect 
until  repealed  or  amended,  notwithstanding  such  change  of  organiza¬ 
tion;  and  the  making  of  such  change  of  organization  shall  not  be 
construed  to  effect  a  change  in  the  legal  identity,  as  a  corporation,  of 
such  city  or  town. 

12.  Rights,  etc.,  of  old  corporations  to  vest  in  new.]  §  12.  All 
rights  and  property  of  eve  y  kind  and  description,  which  were  vested 
in  any  municipal  corporation  under  its  former  organization,  shall  be 
deemed  and  held  to  be  vested  in  the  same  municipal  incorporation 
upon  its  becoming  incorporated  under  the  provisions  of  this  act,  but 
no  rights  or  liabilities,  either  in  favor  or  against  such  corporation,  ex¬ 
isting  at  the  time  of  so  becoming  incorporated  under  this  act,  and  no 
suit  or  prosecution  of  any  kind  shall  be  affected  by  such  change,  but 
the  same  shall  stand  and  progress  as  if  no  change  had  been  made: 
Provided,  that  when  a  different  remedy  is  given  by  this  act,  which  may 
properly  be  made  applicable  to  any  right  existing  at  the  time  of  such 


10 


STATUTES  RELATING  TO  THE  MUNICIPAL 


city  so  becoming  incorporated  under  this  act,  the  same  shall  be  deemed 
cumulative  to  the  remedies  before  provided,  and  used  accordingly. 

13.  Record  of  result  of  election.]  §  13.  The  corporate  authori¬ 
ties  of  any  city  or  village  which  may  become  organized  under  this  act 
shall,  within  three  months  after  organization  hereunder,  cause  to  be 
filed  in  the  office  ot  the  recorder  of  deeds,  in  the  county  in  which  such 
cit}T  or  village  is  situated,  a  certified  copy  of  the  entry  made  upon  the 
records  of  the  city,  village  or  county  court,  of  the  canvass  of  the  votes 
showing  the  result  of  such  election,  whereby  such  city  or  village  be¬ 
came  so  organized — and  such  recorder  of  deeds  shall  record  the  same. 
And  such  corporate  authorities  shall  also  cause  a  like  certificate  to  be 
filed  in  the  office  of  the  secretary  of  state,  who  shall  file  the  same, 
and  keep  a  registry  of  cities  and  villages  organized  under  this  act. 

14.  City  register’s  office  abolished.]  §  14.  If  any  city  organized 
or  which  may  hereafter  organize  under  this  act,  shall  have  had  by  the 
terms  and  provisions  of  its  special  charter  a  city  register’s  office  or 
other  office  in  which  deeds,  mortgages,  or  other  instruments  were  re¬ 
quired  or  authorized  by  law  to  be  recorded  in  lieu  of  recording  the 
same  in  the  recorder’s  office  in  the  county,  where  said  city  was  situ¬ 
ated,  such  city  register’s  office  or  recorder’s  office  shall  be  discontinued 
under  this  act,  and  the  city  register  or  recorder  or  other  officer  having 
the  custody  of  the  records,  books,  and  papers  pertaining  to  such  city 
register  or  recorder’s  office  shall  deposit  such  records  and  books  and 
papers  in  the  office  of  the  recorder  of  deeds  of  the  county  in  which 
such  city  is  situated,  and  shall  take  the  receipt  of  the  recorder  of  deeds 
therefor,  and  such  records  and  books  and  papers  shall  from  thereafter 
be  deemed  and  held  for  all  purposes  a  part  of  the  records  of  the 
recorder’s  office  of  such  county,  and  shall  have  like  legal  effect,  as  if 
the  same  had  been  originally  a  part  of  the  records  of  such  county 
recorder’s  office  for  all  purposes  whatsoever,  and  the  same,  or  certified 
transcripts  made  therefrom,  shall  have  like  force  and  effect  as  evidence 
as  other  records  of  said  recorder’s  office. 

Article  II. 

OF  THE  MAYOR. 

15.  Mayor — his  qualifications .]  §1.  The  chief  executive  officer 
of  a  city  shall  be  a  mayor,  who  shall  be  a  citizen  of  the  United  States, 
a  qualified  elector,  reside  within  the  city  limits,  and  hold  his  office 
for  two  years,  and  until  his  successor  is  elected  and  qualified. 

16.  Vacancy  one  year  or  over.]  §2.  Whenever  a  vacancy  shall 
happen  in  the  office  of  the  mayor,  when  the  unexpired  term  shall  be 
one  year  or  over  from  the  date  when  the  vacancy  occurs,  it  shall  be 
filled  by  an  election. 

17.  Vacancy  less  than  a  year .  J  §  3.  If  the  vacancy  is  less  than 
one  year,  the  city  council  shall  elect  one  of  its  number  to  act  as  mayor, 
who*  shall  possess  all  the  rights  and  powers  of  the  mayor  until  the 
next  annual  election,  and  until  his  successor  is  elected  and  qualified. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


11 


18.  Mayor  pro  tern .]  §  4.  During  a  temporary  absence  or  dis- 

ability  of  the  mayor,  the  city  council  shall  elect  one  of  its  number  to 
act  as  mayor  pro  tern .,  who,  during  such  absence  or  disability,  shall 
possess  the  powers  of  mayor. 

19.  Vacancy  by  removal  from  city.}  g  5.  If  the  mayor,  at  any 
time  daring  the  term  of  his  office,  shall  remove  from  the  limits  of 
the  city,  his  office  shall  thereby  become  vacant. 

20.  Mayor  to  preside — casting  vote.\  §  6,  The  mayor  shall 
preside  at  all  meetings  of  the  city  council,  but  shall  not  vote  except 
in  case  of  a  tie,  when  he  shall  give  the  casting  vote. 

21.  When  he  may  rchiove  officers .]  §  7.  The  mayor  shall  have 

power  to  remove  any  officer  appointed  by  him,  on  any  formal  charge, 
whenever  he  shall  be  of  the  opinion  that  the  interests  of  the  city 
demand  such  removal,  but  he  shall  report  the  reasons  for  such  re¬ 
moval  to  the  council  at  a  meeting  to  be  held  not  less  than  five  days 
nor  more  than  ten  days  after  such  removal  ;  and  if  the  mayor  shall 
fail,  or  refuse  to  life  with  the  city  clerk  a  statement  of  the  reasons  for 
such  removal,  or  jf  the  council  by  a  two-thirds  (f)  vote  of  all  its 
members  authorized  by  law  to  be  elected,  by  yeas  and  nays,  to  be  en¬ 
tered  upon  its  record,  disapprove  of  such  removal,  such  officer  shall 
thereupon  become  restored  to  the  office  from  which  he  was  so  re¬ 
moved  ;  but  lie  shall  give  new  bonds  and  take,  a  new  oath  of  office. 
No  officer  shall  be  removed  a  second  time  for  the  same  offense. 

22.  His  power  to  keep  peace.  |  §  8.  He  may  exercise,  within  the 

city  limits,  the  powers  conferred  upon. sheriffs,  to  suppress  disorder 
and  keep  tire  peace. 

23u  Release  of  Prisoners.]  §  9.  He  may  release  any  person 
imprisoned  for  violation  of  any  city  ordinance,  and  shall  report  such 
release,  with  the  cause  thereof,  to  the  council  at  its  first  session  there¬ 
after. 

24.  General  duties. ]  §  10.  He  shall  perform  all  such  duties 
as  are  or  may  be  prescribed  by  law  or  by  the  city  ordinances,  and 
shall  take  care  that  the  laws  and  ordinances  are  faithfully  executed. 

2b.  Power  to  examine '  records,  etch]  £  11.  He  shall  have  power 
at  all  times  to  examine  and  inspect  the  books,  records  and  papers  of 
any  agent,  employe  or  officer  of  the  city. 

26.  Messages  to  council.  |  £  12  The  mayor  shall,  annually, 

and  from  time  to  time,  give  the  council  information  relative  to  the 
affairs  of  the  city,  and  shall  recommend  few  their  consideration  such 
measures  as  he  may  deem  expedient. 

27.  To  call  out  militia ,  etc. — riots,  etc.]  §  13.  He  shall  have 
power,  when  necessary,'  to  call  on  every  male  inhabitant  of  the  city 
over  the  age  of  18  years,  to  aid  in  enforcing  the  laws  and  ordinances, 
and  to  call  out  the  militia  to  aid  in  suppressing  riots  and  other  disor¬ 
derly  conduct,  or  carrying  into  effect  any  law  or  ordinance,  subject  to 
the  authority  of  the  governor  as  commander-in-chief  of  the  mTitia. 

28.  Misconduct  etc.,  of  mayor  or  other  officer — penalty.]  §  14. 


12 


STATUTES  RELATING  TO  THE  MUNICIPAL 


In  case  the  mayor  or  any  other  municipal  officer  shall  at  any  time  be 
guilty  of  a  palpable  omission  of  duty,  or  shall  willfully  and  corruptly 
be  guilty  of  oppression,  malconduct  or  misfeasance  in  the  discharge  of 
the  duties  of  his  office,  he  shall  lie  liable  to  indictment  in  any  court 
of  competent  jurisdiction,  and,  on  conviction,  shall  be  fined  in  a  sum 
not  exceeding  $1,000  ;  and  the  court  in  which  such  conviction  shall 
be  had  shall  enter  an  order  removing  such  officer  from  office. 

29.  Revising  ordinances  after  change  of  organization .]  $  15. 

He  may  appoint,  by  and  with  the  advice  and  consent  of  the  city 
council,  immediatelv  after  snch  change  of  organization,  one  or  more 
competent  persons  to  prepare  and  submit  to  the  city  council,  for  their 
adoption  or  rejection,  an  ordinance  in  revision  of  the  ordinances  of 
such  city,  and  for  the  government  of  such  city  ;  the  compensation  of 
such  reviser  or  revisers  to  be  determined  and  fixed  by  the  city  council 
and  paid  out  of  the  city  treasury. 

Article  Ill. 

OF  THE  CITY  COUNCIL. 

30.  Council — how  composed.]  $  1.  The  city  council  shall  con¬ 
sist  of  the  mayor  and  aldermen. 

31.  Number  of  'aldermen. J  §  2.  The  number  of  aldermen, 
when  not  elected  by  the  minority  representation  plan,  shall  be  as 
follows:  In  cities  not  exceeding  three  thousand  inhabitants,  six 
aldermen  ;  exceeding  three  thousand  but  not  exceeding  five  thousand, 
eight  aldermen  :  exceeding  live  thousand  and  not  exceeding  ten  thou¬ 
sand,  ten  aldermen  ;  exceeding  ten  thousand  and  not  exceeding  thirty 
thousand,  fourteen  aldermen  ;  and  two  additional  aldermen  for  every 
twenty  thousand  inhabitants  over  thirty  thousand  ;  Provided .  how¬ 
ever,  that  in  cities  over  100,000  inhabitants,  there  shall  be  elected 
thirty-six  aldermen,  and  no  more. 

32.  Term  of  office.]  §  3.  Aldermen  shall  hold  their  office  for 

the  term  of  two  years,  and  until  their  successors  are  elected  and  qual 
ified.  ' 

33.  Vacancy.]  §  1.  If  any  vacancy  shall  occur  in  the  office 
of  alderman  by  death,  resignation,  removal  or  otherwise,  such  vacancy 
shall  be  filled  by  election. 

31.  Qualifications  of  aldermen .]  §  5.  No  person  shall  be  eli¬ 

gible  to  the  office  of  alderman  unless  he  shall  be  a  qualified  elector, 
and  reside  within  the  ward  for  which  he  is  elected,  nor  shall  he  be 
eligible  if  he  is  in  arrears  in  the  payment  of  any  tax  or  other  liabil¬ 
ity  due  to  the  city  ;  nor  shall  he  be  directly  or  indirectly  interested 
in  any  contract  whatever  to  which  the  city  is  a  party  ;  nor  shall  he 
be  eligible  if  he  shall  have  been  convicted  of  malfeasance,  bribery  or 
other  corrupt  practices  or  crimes  ;  nor  shall  he  be  eligible  to  any 
office,  the  salary  of  which  is  payable  out  of  the  city  treasury,  if  at  the 
time  of  his  appointment  he  shall  be  a  member  of  the  city  council  : 
nor  shall  any  member  of  the  city  council  at  the  same  time  hold  any 
other  office  under  the  city  government  ;  nor  shall  he  be  either 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


13 


directly  or  indirectly,  individually,  or  as  a  member  of  a  firm,  engaged 
in  any  business  transaction  (other  than  official)  with  such  city, 
through  its  mayor  or  any  of  its  authorized  boards,  agents  or  attor¬ 
neys,  whereby  any  money  is  to  be  paid,  directly  or  indirectly,  out  of 
the  city  treasury  to  such  member  or  firms. 

35.  Council  judge  of  its  members.}  §  6.  The  city  council  shall 
be  judge  of  the  election  and  qualification  of  its  own  members. 

36.  Unit'* — expulsion — bribery .]  §  7.  It  shall  determine  its 
own  rules  of  proceeding,  punish  its  members  for  disorderly  conduct, 
and  with  the  concurrence  of  two-thirds  of  the  aldermen  elect,  may 
expel  a  member,  but  not  a  second  time  for  the  same  offense  :  Provi¬ 
ded ,  that  any  alderman  or  councilman  who  shall  have  been  convicted 
of  bribery  shall  thereby  be  deemed  to  have  vacated  his  office. 

37.  Quorum — compelling  attendance.]  §  8.  A  majority  of  the 
aldermen  elect  shall  constitute  a  quorum  to  do  business,  but  a  smaller 
number  may  adjourn  from  time  to  time,  and  may  compel  the  attend¬ 
ance  of  absentees,  under  such  penalties  as  may  be  prescribed  by  ordi¬ 
nance. 

38.  Meetings.]  §  9.  The  city  council  may  prescribe,  by  ordi¬ 
nance.  the  times  and  places  of  the  meeting  thereof,  and  the  manner 
in  which  special  meetings  thereof  may  be  called. 

.79.  Chairman  pro  tern.]  §  10.  It  may  elect  a  temporary 
chairman  in  the  absence  of  the  mayor. 

40.  Open  Doors.]  §11.  Tt  shall  sit  with  open  doors. 

41.  .Journal .  ]  §  12.  It  shall  keep  a  journal  of  its  own 
proceedings. 

44.  Yeas  and  nags — record — vote  required.1]  §  13.  The  yeas 
and  nays  shall  be  taken  upon  the  passage  of  all  ordinances,  and  on 
all  propositions  to  create  any  liability  against  the  city,  or  for  the 
expenditure  or  appropriation  of  its  money,  and  in  all  other  cases  at 
the  request  of  any  member,  which  shall  be  entered  on  the  journal  of 
its  proceedings  :  and  the  concurrence  of  a  majority  of  all  the  members 
eleectd  in  the  city  council  shall  be  necessary  to  the  passage  of  any 
such  ordinance  or  proposition  :  Provided \  it  shall  require  two-thirds 
of  all  the  aldermen  elect  to  sell  any  city  or  school  property. 

44.  Not  to  rescind '  rote  at  special  meeting,  unless,  etc.~\  §  14.  No 
vote  of  the  city  council  shall  be  reconsidered  or  rescinded  at  a  special 
meeting,  unless  at  such  special  meeting  there  be  present  as  large  a 
number  of  aldermen  as  were  present  when  such  vote  was  taken. 

44.  When  report  laid  over. J  §  15.  Any  report  of  a  committte 
of  the  council  shall  be  deferred,  for  final  action  thereon,  to  the  next 
regular  meeting  of  the  same  after  the  report  is  made,  upon  the  request 
of  any  two  aldermen  present. 

45.  Territorial  jurisdiction.  §  16.  The  city  council  and  board 
of  trustees  shall  also  have  jurisdiction  in  and  over  all  places  within 
one-half  mile  of  the  city  or  village  limits,  for  the  purpose  of  enforcing 
health  and  quarantine  ordinances  and  regulations  thereof. 


u 


STATUTES  RELATING  TO  THE  MUNICIPAL 


46.  Special  meeting.]  §  17.  The  mayor  or  any  three  aldermen 
may  call  special  meetings  of  the  city  council. 

47.  Ordinances — approval — veto.)  §  18.  All  ordinaces  passed 
by  the  city  council  shall,  before  they  take  effect,  be  deposited  in  the 
office  of  the  city  clerk  ;  and  if  the  mayor  approves  thereof,  he  shall 
sign  the  same,  and  such  as  he  shall  not  approve  he  shall  return  to  the 
council,  with  his  objections  thereto,  in  writing,  at  the  next  regular 
meeting  of  the  council  occurring  not  less  than  five  days  after  the  pas¬ 
sage  thereof.  Such  veto  may  extend  to  any  one  or  more  items  or  ap¬ 
propriations  contained  in  any  ordinance  making  an  appropriation,  cr 
to  the  entire  ordinance  ;  and  in  case  the  veto  only  extends  to  a  part 
of  such  ordinance,  the  residue  thereof  shall  take  effect  and  be  in  force. 
But  in  case  the  mayor  shall  fail  to  return  any  ordinance,  with  his  ob¬ 
jections  thereto,  by  the  time  aforesaid,  he  shall  be  deemed  to  have  ap¬ 
proved  such  ordinance,  and  the  same  shall  take  effect  accordingly. 

48.  Reconsideration — passing  over  veto.]  £  19.  Upon  the  n  - 
turn  of  any  ordinance  by  the  mayor,  the  vote  by  which  the  same  was 
passed  shall  be  reconsidered  by  the  council  ;  and  if.  after  such  recon¬ 
sideration,  two-thirds  of  all  the  members  elected  to  the  city  council 
shall  agree,  by  yeas  and  nays,  to  pass  the  same,  it  shall  go  into  effect, 
notwithstanding  the  mayor  may  refuse  to  approve  thereof.  The  vote 
to  pass  the  same  over  the  mayor's  veto  shall  be  taken  by  yeas  and 
nays,  and  entered  on  the  journal. 


Article  JY. 


elections. 

49.  Annual  election.  \  5$  1.  A  general  election  for  city  officers 
shall  be  held  on  the  third  Tuesday  of  April,  of  each  year  :  Provided. 
That  in  cities  which  include  wholly  within  their  corporate  limits  a 
town  or  towns,  such  elections  shall  be  held  on  the  first  Tuesday  of 
April. 

50.  Election  of  mayor ,  city  clerk ,  attorney ,  and  treasurer .]  §  2. 
At  the  general  election  held  in  1877,  and  biennially  thereafter,  a 
mayor,  a  city  clerk,  a  city  attorney,  and  a  city  treasurer  shall  he 
elected  in  each  city  :  Provided,  that  no  person  shall  be  elected  tu  the 
office  of  city  treasurer  for  two  terms  in  succession. 

51.  Who  entitled  to  vote.]  §  3.  All  persons  entitled  to  vote  at 
any  general  election  for  state  officers  within  any  city  or  village,  hav¬ 
ing  resided  therein  thirty,  days  next  preceding  thereto,  may  vote  at 
any  election  for  city  or  village  officers. 

52.  Wards.  §  4.  The  city  council  may.  from  time  to  time, 
divide  the  city  into  one-half  as  many  wards  as  the  total  number  of 
aldermen  to  which  the  city  is  entitled  ;  and  one  alderman  shall,  an¬ 
nually,  be  elected  in  and  for  each  ward,  to  hold  his  office  for  two 
years,  and  until  his  successor  is  elected  and  qualified.  In  the  forma¬ 
tion  of  wards,  the  population  of  each  shall  be  as  nearly  equal,  and  the 
ward  shall  be  of  as  compact  and  contiguous  territory  as  practicable. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


15 


O*  3. 


Aldermen  at  first  election — classified .]  $  5.  At  the  first 
election  under  this  act,  there  shall  be  elected  the  full  number  of  al¬ 
dermen  to  which  the  city  shall  be  entitled.  At  the  first  meeting  of 
the  city  conn  -il  after  such  election,  the  aldermen  elected  shall  be  di¬ 
vided.  by  lot,  into  two  classes  :  those  of  the  first  class  shall  continue 
in  offi  ce  for  one  year,  and  those  of  the  second  for  two  years.  And  upon 
any  increase  of  the  number  of  aldermen,  at  their  first  election,  one- 
half  shall  be  elected  for  one  year,  and  one-half  for  two  years. 

54.  Minority  representation .]  §  6.  Whenever  this  act  shall  be 

submitted  to  the  qualified  electors  of  any  city  for  adoption,  there  shall 
be  submitted  at  the  same  time,  for  adoption  or  rejection,  the  question 
of  minority  representation  in  the  city  council  or  legislative  authority 
of  such  city.  At  the  said  election  the  ballots  shall  be  in  the  follow¬ 
ing  form  :  "For  minority  representation  in  the  city  council, ”  or 
“Against  minority  representation  in  the  city  council."  And  at  any 
subsequent  time,  on  petition  of  the  legal  voters  equal  in  number  to 
one-eighth  the  number  of  legal  votes  cast  at  the  next  preceding  gen¬ 
eral  city  election,  the  city  council  shall  cause  the  question  of  minori¬ 
ty  representation  to  be  submitted  to  the  legal  voters  of  said  city,  and 
the  ballots  shall  be  in  form  as  provided  in  this  section  :  Provided . 
that  no  such  question  of  representation  shall  be  submitted  more  than 
once  in  every  two  years.  The  judges  of  such  election  shall  make  re¬ 
turns  thereof  to  the  city  council,  whose  duty  it  shall  be  to  canvass 
such  returns,  and  to  cause  the  result  of  such  canvass  to  be  entered  on 
the  records  of  such  city.  If  a  majority  of  the  votes  cast  at  such  elec¬ 
tion  shall  be  "For  equal  representation  in  the  city  council,1'  then  the 
members  of  the  city  council  or  legislative  authority  of  such  city  shall 
be  thereafter  elected  in  the  following  manner  :  The  council  or  legis¬ 
lative  authority  of  such  city,  at  least  one  month  before  the  general 
election  in  the  year  in  which  this  act  shall  shall  take  effect  in  such 
city,  shall  apportion  such  city,  by  dividing  the  population  thereof,  as 
ascertained  by  the  last  federal  census,  by  any  number  not  less* than 
two,  nor  more  than  six,  and  the  quotient  shall  be  the  ratio  of  repre¬ 
sentation  in  the  city  council.  Districts  shall  be  formed  of  contiguous 
and  compact  territory,  and  contain,  as  nearly  as  practicable,  an  equal 
number  of  inhabitants. 


55.  Aldermen  under  minority  plan.  J  §  7.  Every  such  district 
shall  be  entitled  to  three  aldermen,  who  shall  hold  their  office  for 
two  years,  and  until  their  successors  shall  be  elected  and  qualified  : 
Provided ,  that  those  elected  at  the  first  election,  from  the  wards  bear¬ 
ing  odd  numbers,  shall  only  hold  their  office  for  one  year,  and  until 
their  successors  shall  be  elected  and  qualified.  Vacancies  occurring 
by  the  expiration  of  term,  shall  be  filled  by  the  election  of  aldermen 
for  the  full  term  of  two  years.  Vacancies  arising  from  any  other 
cause  than  the  expiration  of  term,  shall  be  filled  at  an  election  to  be 
held  by  the  voters  of  the  district  in  which  such  vacancy  shall  occur, 
at  the  time  designated  by  the  city  council.  In  all  elections  for  aider- 
men  aforesaid,  each  qualified  voter  may  cast  as  many  votes  as  there  are 
aldermen  to  be  elected  in  his  district,  or  may  distribute  the  same,  or 


16 


STATUTES  RELATING  TO  THE  MUNICIPAL 


equal  parts  thereof,  among  the  candidates,  as  he  shall  see  fit,  and  the 
candidate  highest  in  votes  shall  be  declared  elected. 

56.  Aldermen  when  minority  plan  not  adopted.  /  §  8.  If  a  major¬ 

ity  of  the  votes  cast  at  such  election  shall  be  “Against  minority  rep¬ 
resentation  in  the  city  council,”  the  preceding  section  shall  be  null  and 
void  so.  far  as  it  relates  to  such  city  at  such  election,  and  the  aldermen 
of  such  city  shall  be  elected  as  otherwise  provided  for  in  this  act. 

57.  Place  of  election — notice,  j  §9.  The  city  council  shall  des¬ 
ignate  the  place  or  places  in  which  the  election  shall  be  held,  and  ap¬ 
point  the  judges  and  clerks  thereof,  and  cause  notice  to  be  printed  in 
some  newspaper  published  in  such  city,  if  there  be  one,  or  posted  at 
each  voting  place  in  such  city,  of  the  time,  places  of  election,  and  of 
the  officers  to  be  elected,  for  at  least  twenty  days  prior  to  such 
election. 

58.  Manner  of  conducting  elections,  etc.  J  §  10.  The  manner  of 
conducting  and  voting  at  elections  to  be  held  under  this  act  and  con¬ 
testing  the  same,  the  keeping  of  poll  lists  and  canvassing  the  votes, 
shall  be  the  same,  as  nearly  as  may  be,  as  in  the  case  of  the  election  of 
county  officers,  under  the  general  laws  of  this  state  The  judges  of 
election  shall  appoint  clerks,  when  necessary,  to  till  vacancies,  and 
the  judges  and  clerks  shall  take  the  same  oath  and  have  the  same 
powers  and  authority  as  the  judges  and  clerks  of  general  state  elec¬ 
tions.  After  the  closing  of  the  polls,  the  ballots  shall  be  counted  and 
the  returns  made  out  and  returned,  under  seal,  to  the  city  or  village 
clerk,  as  the  case  may  be,  within  two  days  after  the  election  :  and 
thereupon,  the  city  council  or  board  of  trustees,  as  the  case  may  be. 
shall  examine  and  canvass  the  same  and  declare  the  result  of  the  elec¬ 
tion.  and  cause  a  statement  thereof  to  be  entered  upon  its  journals. 

59.  Result — tie.]  §  11.  The  person  having  the  highest  number 
of  votes,  for  any  office  shall  be  declared  elected.  In  case  of  a  tie  in  the 
election  of  any  city  or  village  officer,  it  shall  be  determined  by  lot  in 
the  presence  of  the  city  council  or  board  of  trustees,  in  such  manner 
as  the}'  shall  direct,  which  candidate  or  candidates  shall  hold  the 
office. 

60.  Notice  to  persons  elected  or  appointed.]  §  12.  It  shall  be 
the  duty  of  the  village  or  city  clerk,  within  five  days  after  the  result 
of  the  election  is  declared  or  appointment  made,  to  notify  all  persons 
elected  or  appointed  to  office  of  their  election  or  appointment,  and 
unless  such  persons  shall  respectively  qualify  in  ten  days  after  such  no¬ 
tice,  the  office  shall  become  vacant. 

61.  When  no  quorum  in  office — special  election.]  §  13.  If,  for 
any  cause,  there  shall  not  be  a  quorum  in  office  of  the  city  council  or 
board  of  trustees,  the  mayor,  clerk  or  any  alderman  or  trustee,  as  the 
case  may  be,  may  appoint  the  time  and  place,  for  holding  a  special 
election  to  supply  such  vacancy  and  give  notice  and  appoint  the 
judges  thereof. 

62.  Special  elections.  ]  §  Id.  If  there  is  a  failure  to  elect  any 
officer  herein  required  to  be  elected,  or  the  person  elected  should  fail 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


17 


to  qualify,  the  city  council  or  board  of  trustees  may  forthwith  order  a 
new  election  therefor ;  and  in  all  cases,  when  necessary  for  the  pur¬ 
poses  of  this  act,  may  call  special  elections,  appoint  judges  and  clerks 
thereof,  canvass  the  returns  thereof,  and  provide  by  ordinance  for  the 
mode  of  conducting  the  same  ;  and  shall  give  notice  of  such  special 
elections,  in  which  shall  be  stated  the  questions  to  be  voted  upon,  and 
cause  such  notices  to  be  published  or  posted  for  the  same  length  of 
*  time  and  in  the  same  manner  as  is  required  in  the  case  of  regular  an¬ 
nual  elections  in  such  cities  or  villages. 

Article  V. 


OF  the  powers  of  the  city  council. 

i 

63.  §  f.  The  city  council  in  cities,  and  president  and  the.  board 

of  trustees  in  villages,  shall  have  the  following  powers  : 

First — To  control  the  finances  and  property  of  the  corporation. 

Second — To  appropriate  money  for  corporate  purposes  only,  and 
provide  for  payment  of  debts  and  expenses  ot  the  corporation. 

Third — To  levy  and  collect  taxes  for  general  and  special  purposes 
on  real  and  personal  property. 

Fourth — To  fix  the  amount,  terms  and  manner  of  issuing  and  re¬ 
voking  licenses. 

Fifth — To  borrow  money  on  the  credit  of  the  corporation  for  cor¬ 
porate  purposes,  and  issue  bonds  therefor,  in  such  amounts  and  form, 
and  on  such  conditions  as  it  shall  prescribe,  but  shall  not  become  in¬ 
debted  in  any  manner  or  for  any  purpose  to  an  amount,  including  ex¬ 
isting  indebtedness,  in  the  aggregate  to  exceed  five  (5)  per  centum  on 
the  value  of  the  taxable  property  therein,  to  be  ascertained  by  the  last 
assessment  for  state  and  county  taxes  previous  to  the  incurring  of 
such  indebtedness  ;  and  before  or  at  the  time  of  incurring  any  indebt¬ 
edness,  shall  provide  for  the  collection  of  a  direct  annual  tax  sufficient 
to  pay  the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay  and 
discharge  the  principal  thereof  within  twenty  years  after  contracting 
the  same. 


Sixth — To  issue  bonds  in  place  of  or  to  supply  means  to  meet  ma¬ 
turing  bonds,  or  for  the  consolidation  or  funding  of  the  same. 

Seventh — To  lay  out,  to  establish,  open,  alter,  widen,  extend, 
grade,  pave,  or  otherwise  improve  streets,  alleys,  avenues,  sidewalks, 
wharves,  parks  and  public  grounds,  and  vacate  the  same. 

Eighth. — To  plant  trees  upon  the  same. 

Ninth — To  regulate  the  use  of  the  same’. 

Tenth — To  prevent  and  remove  encroachments  or  obstructions 
upon  the  same. 

Eleventh — To  provide  for  the  lighting  of  the  same. 

Twelfth — To  provide  for  the  cleansing  of  the  same. 

Thirteenth — To  regulate  the  openings  therein  for  the  laying  of 
gas  or  water  mains  and  pipes,  and  the  building  and  repairing  of 
sewers,  tunnels  and  drains,  and  erecting  gas  lights:  Provided ,  how¬ 
ever ,  that  any  company  heretofore  organized  under  the  general  laws 
of  this  state,  or  any  association  of  persons  organized,  or  which  may 


t 


18 


STATUTES  RELATING  TO  THE  MUNICIPAL 


be  hereafter  organized  for  the  purpose  of  manufacturing  illuminating 
gas  to  supply  cities  or  villages,  or  the  inhabitants  thereof,  with  the 
same,  shall  have  the  right,  by  consent  of  the  common  council  (sub¬ 
ject  to  existing  rights),  to  erect  gas  factories,  and  lay  down  pipes  in 
the  streets  or  alleys  of  any  city  or  village  in  this  state,  subject  to 
such  regulations  as  any  such  city  or  village  may  by  ordinance  impose. 

Fourteenth — To  regulate  the  use  of  sidewalks  and  all  stiuctures 
thereunder:  and  to  require  the  owner  or  occupant  of  any  premises  to 
keep  the  sidewalks  in  front  of,  or  along  the  same,  free  from  snow  and 
other  obstructions. 

Fifteenth — To  regulate  and  prevent  the  throwing  or  depositing 
of  ashes,  offal,  dirt,  garbage  or  any  offensive  matter  in.  and  to  prevent 
injury  to,  any  street,  avenue,  alley  or  public  ground. 

Sixteenth — To  provide  for  and  regulate  crosswalks,  curbs  and 
gutters. 

Seventeenth — To  regulate  and  prevent  the  use  of  streets,  side¬ 
walks  and  public  grounds  for  signs,  sign  posts,  awnings,  awning 
posts,  telegraph  poles,  horse  troughs,  racks,  posting  handbills  and 
advertisements. 

Eighteenth — To  regulate  and  prohibit  the  exhibition  or  carrying 
of  banners,  placards,  advertisements,  or  handbills  in  the  streets  or 
public  grounds,  or  upon  the  sidevyalks. 

Nineteenth — To  regulate  and  prevent  the  flying  of  flags,  banners 
or  signs  across  the  streets  or  from  houses. 

Twentieth — To  regulate  traffic  and  sales  upon  the  streets,  side¬ 
walks  and  public  places. 

Twenty-first — To  regulate  the  speed  of  horses  and  other  animals, 
vehicles,  cars  and  locomotives  within  the  limits  of  the  corporation. 

Twenty-second — To  regulate  the  numbering  of  houses  and  lots. 

Twenty-third, — To  name  and  change  the  name  of  any  street, 
avenue,  alley  or  other  public  place. 

Twenty-fourth — To  permit,  regulate  or  prohibit  the  locating, 
constructing  or  laying  a  track  of  any  horse  railroad  in  any  street, 
alley  or  public  place;  but  such  permission  shall  not  he  for  a  longer 
time  than  twenty  years. 

Twenty-fifth — To  provide  for  and  change  the  location,  grade  and 
crossings  of  any  railroad. 

Twenty-sixth — To  require  railroad  companies  to  fence  their 
respective  railroads,  or  any  portion  of  the  same,  and  to  construct 
cattle  guards,  crossings  of  streets,  and  public  roads,  and  keep  the  same 
in  repair,  within  the  limits  of  the  corporation.  In  case  any  railroad 
company  shall  fail  to  comply  with  any  such  ordinance,  it  shall  be 
liable  for  all  damages  the  owner  of  any  cattle  or  horses  or  other 
domestic  animal  may  sustain  by  reason  of  injuries  thereto  wrhile  on 
the  track  of  such  railroad,  in  like  manner  and  extent-  as  under  the 
general  law’s  of  this  state,  relative  to  the  fencing  of  railroads;  and 
actions  to  recover  such  damages  may  be  instituted  before  any  justice 
of  the  peace  or  other  court  of  competent  jurisdiction. 

Twenty-seventh — To  require  railroad  companies  to  keep  flagmen 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


19 


at  railroad  crossings  of  streets,  and  provide  protection  against  injury 
to  persons  and  property  in  the  use  of  such  railroads.  To  compel  such 
railroad  to  raise  or  lower  their  railroad  tracks  to  conform  to  any 
grade  which  may,  at  any  time,  be  established  by  such  city,  and  where 
such  tracks  run  lengthwise  of  any  such  street,  alley  or  highway,  to 
keep  their  railroad  tracks  on  a  level  with  the  street  surface,  and  so 
that  such  tracks  may  be  crossed  at  any  place  on  such  street,  alley  or 
highway.  To  compel  and  require  railroad  companies  to  make  and 
keep  open  and  to  keep  in  repair  ditches,  drains,  sewers  and  culverts 
along  and  under  their  railroad  tracks,  so  that  filthy  or  stagnant  pools 
of  water  cannot  stand  on  their  grounds  or  right  of  way.  and  so  that 
the  natural  drainage  of  adjacent  property  shall  not  be  impeded. 

Twenty-eighth — To  construct  and  keep  in  repair  bridges,  viaducts 
and  tunnels,  and  to  regulate  the  use  thereof. 

Twenty-ninth — To  construct  and  keep  in  repair  culverts,  drains, 
sewers,  and  cesspools,  and  to  regulate  the  use  thereof. 

Thirtieth — To  deepen,  widen,  dock,  cover,  wall,  alter  or  change 
the  channel  of  water  courses. 

^  jJc  He  ^  ^ 

Fortieth — To  provide  for  the  cleansing  and  purification  of  waters, 
water-courses  and  canals,  and  the  draining  or  filling  of  ponds  on  pri 
vate  property,  whenever  necessary  to  prevent  or  abate  nuisances. 

Fort  y -fir  st — To  license,  tax,  regulate,  suppress  and  prohibit 
hawkers,  peddlers,  pawn-brokers,  keepers  of  ordinaries,  theatricals  and 
other  exhibitions,  shows  and  amusements,  and  to  revoke  such  license 
at  pleasure 

Forty-second — To  license,  tax,  and  regulate  hackmen,  draymen, 
omnibus  drivers,  carters,  cabmen,  porters,  expressmen,  and  all  others 
pursuing  like  occupations,  and  to  prescribe  their  compensation. 

Forty-third — To  license,  regulate,  tax  and  restrain  runners  for 
stages,  cars,  public  houses,  or  other  things  or  persons. 

Forty-fourth — To  license,  regulate,  tax  or  prohibit  and  suppress 
billiard,  bagatelle,  pigeon  hole  or  any  other  tables  or  implements  kept 
or  used  for  similar  purpose  in  any  place  of  public  resort,  pin  alleys 
and  ball  alleys. 

Forty-fifth — To  suppress  bawdy  and  disorderly  houses,  houses  of 
ill-fame  or  assignation,  within  the  limits  of  the  city,  and  within  three 
miles  of  the  outer  boundaries  of  the  city  ;  and  also  to  suppress  gam¬ 
ing  and  gambling  houses,  lotteries,  and  all  fraudulent  devises  and 
practices  for  the  purpose  of  gaming  or  obtaining  money  or  property; 
and  to  prohibit  the  sale  or  exhibition  of  obscene  or  immoral  publica¬ 
tions,  prints  pictures  or  illustrations. 

Forty-sixth . — To  license,  regulate  and  prohibit  the  selling  or  giv¬ 
ing  away  of  any  intoxicating,  malt,  vinous,  mixed  or  fermented  li¬ 
quor,  the  license  not  to  extend  beyond  the  municipal  year  in  which 
it  shall  be  granted,  and  to  determine  the  amount  to  be  paid  for  such 
license  :  Prodded ,  that  the  city  council  in  cities,  or  president  and 
board  of  trustees  in  villages,  may  grant  permits  to  druggists  for  the 


20 


STATUTES  RELATING  TO  THE  MUNICIPAL 


sale  of  liquors  for  medicinal,  mechanical,  sacramental  and  chemical 
purposes  only,  subject  to  forfeiture,  and  under  such  restrictions  and 
regulations  as  may  be  provided  by  ordinance  :  Provided,  further, 
that  in  granting  licenses  such  corporate  authorities  shall  comply  with 
whatever  general  law  of  the  state  may  be  in  force  relative  to  the 
granting  of  licenses. 

Forty-seventh — The  foregoing  shall  not  be  construed  to  affect  the 
provisions  of  the  charter  of  any  literary  institution  heretofore  granted. 

Forty-eighth — And  the  city  council  in  cities,  and  president  and 
board  of  trustees  in  villages,  shall  also  have  the  power  to  forbid  and 
punish  the  selling  or  giving  away  of  any,  intoxicating,  malt,  vinous, 
mixed  or  fermented  liquor  to  any  minor,  apprentice  or  servant,  or 
insane,  idiotic  or  distracted  person,  habitual  drunkard,  or  person 
intoxicated. 

Forty-ninth — To  establish  markets  and  market  houses,  and  pro¬ 
vide  for  the  regulation  and  use  thereof. 

Fiftieth — To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables,  and  all  other  provisions,  and  to  provide  for 
place  and  manner  of  selling  the  same. 

Fifty-first — To  prevent  and  punish  forestalling  and  regrating. 

Fifty-second — To  regulate  the  sale  of  bread  in  the  city  or  village; 
prescribe  the  weight  and  quality  of  the  bread  in  the  loaf. 

Fifty-third — To  provide  for  and  regulate  the  inspection  of  meats, 
poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  tobacco,  flour, 
meal  and  other  provisions. 

Fifty-fourth — To  regulate  the  inspection,  weighing  and  measur¬ 
ing  of  brick,  lumber,  fire  wood,  coal,  hay,  and  any  article  of  merchan¬ 
dise. 

Fifty-fifth — To  provide  for  the  inspection  and  sealing  of  weights 
and  measures, 

Fifth-sixth — To  enforce  the  keeping  and  use  of  pfoper  weights 
and  measures  by  vendors. 

Fifty-seventh — To  regulate  the  construction,  repairs  and  use  of 
vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and,  gutters. 

Fifty-eighth — To  regulate  places  of  amusement. 

Fifty-ninth — To  prevent  intoxication,  fighting,  quarreling,  dog 
fights,  cock  fights,  and  all  disorderlv  conduct. 

Sixtieth — To  regulate  partition  fences  and  party  walls. 

Sixty-first — To  prescribe  the  thickness,  strength  and  manner  of 
constructing  stone,  brick  and  other  buildings,  and  construction  of 
fire  escapes  therein. 

Sixty-second — The  city  council,  andfthe  president  and  trustees  in 
villages,  for  the  purpose  of  guarding  against  the  calamities  of  fire, 
shall  have  power  to  prescribe  the  limits  within  which  wooden  build¬ 
ings  shall  not  be  erected  or  placed  or  repaired,  without  permission, 
and  to  direct  that  all  and  any  buildings  within  the  fire  limits,  when 
the  same  shall  have  been  damaged  by  fire,  decay  or  otherwise,  to  the 
extent  of  fifty  per  cent,  of  the  value,  shall  be  torn  down  or  removed, 
and  to  prescribe  the  manner  of  ascertaining  such  damage. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


21 


Sixty-third — To  prevent  the  dangerous  construction  and  condi¬ 
tion  of  chimneys,  fire  places,  hearths,  stoves,  stove-pipes,  ovens, 
boilers  and  apparatus  used  in  and  about  any  building  or  manufactory, 
and  to  cause  the  same  to  be  removed  or  placed  in  a  safe  condition, 
when  considered  dangerous  ;  to  regulate  and  prevent  the  carrying  on 
of  manufactories,  dangerous  in  causing  and  promoting  fires  ;  to 
prevent  the  deposit  of  ashes  in  unsafe  places,  and  to  cause  all  such 
buildings  and  inclosures  as  may  be  in  a  dangerous  state  to  be  put  in 
a  safe  condition. 

Sixty-fourth— To  erect  engine  houses,  and  provide  fire  engines, 
hose  carts,  hooks  and  ladders,  and  other  implements  for  prevention 
and  extinguishment  ot  fires,  and  provide  for  the  use  and  management 
of  the  same  by  voluntary  fire  companies  or  otherwise. 

Sixty-fifth, — To  regulate  and  prevent  storage  of  gunpowder,  tar, 
pitch,  resin,  coal  oil.  benzine,  turpentine,  hemp,  cotton,  nitro-glycer- 
ine,  petroleum,  or  any  of  the  products  thereof,  and  other  combustible 
or  explosive  material,  and  the  use  of  lights  in  stables,  shops  and  other 
places,  and  the  building  of  bonfires  ;  also  to  regulate  and  restrain  the 
use  of  fire-works,  fire-crackers,  torpedoes,  roman  candles,  sky-rockets, 
and  other  pyrotechnic  displays. 

Sixty-sixth — To  regulate  the  police  of  the  city  or  village,  and 
pass  and  enforce  all  necessary  police  ordinances. 

Sixty-seventh — To  provide  for  the  inspection  of  steam  boilers. 

Sixty-eighth — To  prescribe  the  duties  and  powers  of  a  superin¬ 
tendent  of  police,  policemen  and  watchmen. 

Sixty-ninth — To  establish  and  erect  calabooses,  bridewells,  houses 
of  correction  and  workhouses,  for  the  reformation  and  confinement  of 
vagrants,  idle  and  disorderly  persons,  and  persons  convicted  of  violat¬ 
ing  any  city  or  village  ordinance,  and  make  rules  and  regulations  for 
the  government  of'  the  same,  and  appoint  necessary  keepers  and 
assistants. 

Seventieth — Tc:  use  the  county  jail  for  the  confinement  or  punish¬ 
ment  of  offenders,  subject  to  such  conditions  as  are  imposed  by  law, 
and  with  the  consent  of  the  county  board. 

Seventy-first — To  provide  by  ordinance  in  regard  to  the  relation 
between  all  the  officers  and  employes  of  the  corporation  in  respect  to 
each  other,  the  corporation  and  the  people. 

S event y-second — To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderly  assemblies  in  any  public  or  private 
places. 

Seventy-third — To  prohibit  and  punish  cruelty  to  animals. 

Seventy -fourth — To  restrain  and  punish  vagrants,  mendicants  and 
prostitutes. 

Seventy-fifth — To  declare  what  shall  be  a  nuisance,  and  to  abate 
the  same  :  and  to  impose  fines  upon  parties  who  may  create,  con¬ 
tinue  or  suffer  nuisances  to  exist. 

Seventy-sixth — To  appoint  a  board  of  health,  and  prescribe  its 
powers  and  duties. 


22 


STATUTES  RELATING  TO  THE  MUNICIPAL 


Seventy-seventh — To  erect  and  establish  hospitals  and  medical 
dispensaries,  and  control  and  regulate  the  same. 

Seventy-eighth — To  do  all  acts,  make  all  regulations  which  may 
be  necessary  or  expedient  for  the  promotion  of  health  or  the  suppres¬ 
sion  of  disease. 

Seventy-ninth — To  establish  and  regulate  cemeteries,  within  or 
without  the  corporation,  and  acquire  lands  therefor,  by  purchase  or 
otherwise,  and  cause  cemeteries  to  be  removed,  and  prohibit  their 
establishment  within  one  mile  of  the  corporation. 

Eightieth — To  regulate,  restrain,  and  prohibit  the  running  at 
large  of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs,  and  to 
impose  a  tax  on  dogs. 

Eighty-first — To  direct  the  location  and  regulate  the  manage¬ 
ment  and  construction  of  packing  houses,  renderies,  tallow  chand¬ 
leries,  bone  factories,  soap  factories  and  tanneries,  within  the  limits 
of  the  city  or  village,  and  within  the  distance  ot  one  mile  without 
the  city  or  village  limits. 

Eighty-second — To  direct  the  location  and  regulate  the  use  and 
construction  of  breweries,  distilleries,  livery  stabbs,  blacksmith  shops 
and  founderies  within  the  limits  of  the  city  or  village. 

Eighty-third — To  prohibit  any  otfenseve  or  unwholesome  business 
or  establishment  within,  or  within  one  mile  of  the  limits  of  the 
corporation. 

Eighty-fourth — To  compel  the  owner  of  any  grocery,  cellar,  soap 
or  tallow  chandlery,  tannery,  stable,  pig-sty,  privy,  sewer  or  other 
unwholesome  or  nauseous  house  or  place,  to  cleanse,  abate  or  remove 
the  same,  and  to  regulate  the  location  thereof. 

Eighty-fifth — The  city  council  or  trustees  of  a  village,  shall  have 
power  to  provide  for  the  taking  of  the  city  or  village  census  :  but  no 
city  or  village  census  shall  betaken  bv  authority  of  the  councilor 
trustees  oftener  than  once  in  three  years. 

Eighty-sixth — To  provide  for  the  erection  and  care  of  all  public 
buildings  necessary  for  the  use  of  the  city  or  village. 


* 


* 


* 


* 


* 


Eighty-eighth — To  authorize  the  construction  of  mills,  mill  races 
and  feeders  on,  through  or  across  the  streets  ol  the  city  or  village,  at 
such  places  and  under  such  restrictions  as  they  shall  deem  proper. 

Eighty-ninth — The  city  council  shall  have  power,  by  condemna¬ 
tion  or  otherwise,  to  extend  any  street,  alley  or  highway  over  or 
across,  or  to  construct  any  sewer  under  or  through  any  railroad  track, 
right  of  way,  or  land  of  any  railroad  company  (within  the  corporate 
limits);  but  where  no  compensation  is  made  to  such  railroad  com¬ 
pany,  the  city  shall  restore  such  railroad  track,  right  of  way  or  land 
to  its  former  state,  or  in  a  sufficient  manner  not  to  have  impaired  its 
usefulness. 

Ninetieth — The  city  council  or  hoard  ot  trustees  shall  have  no 
power  to  grant  the  use  of,  or  the  right  to  lay  down,  any  railroad 
tracks  in  any  street  of  the  city,  to  anv  steam  or  horse  railroad  com- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


23 


pany,  except  upon  a  petition  of  the  owners  of  the  land  representing 
more  than  one-half  of  the  frontage  of  the  street,  or  so  much  thereof 
as  is  sought  to  be  used  for  railroad  purposes. 

Ninety-first — To  tax,  license  and  regulate  auctioneers,  distillers, 
brewers,  lumber  yards,  livery  stables,  public  scales,  money  changers 
and  brokers. 

Ninety-second — To  prevent  and  regulate  the  rolling  of  hoops, 
playing  of  ball,  flying  of  kites,  or  any  other  amusement  or  practice 
having  a  tendency  to  annoy  persons  passing  in  the  streets,  or  on  the 
sidewalks,  or  to  frighten  teams  and  horses. 

Ninety-third — To  regulate  and  prohibit  the  keeping  ot  any  lum¬ 
ber  yard,  and  the  placing  or  piling  or  selling  any  lumber,  timber, 
wood  or  other  combustible  material,  within  the  fire  limits  of  the  city. 

Ninety-fourth — To  provide,  by  ordinance,  that  all  the  paper,  print¬ 
ing,  stationery,  blanks,  fuel,  and  all  the  supplies  needed  for  the  use 
of  the  city,  shall  be  furnished  by  contract,  let  to  the  lowest  bidder. 

Ninety-fifth — To  tax,  license  and  regulate  second-hand  and  junk 
stores,  and  to  forbid  their  purchasing  or  receiving  from  minors,  with¬ 
out  the  written  consent  of  their  parents  or  guardians,  any  article 
whatsoever. 

Ninety-sixth — To  pass  all  ordinances,  rules,  and  make  all  regula¬ 
tions,  proper  or  necessary,  to  carry  into  effect  the  powers  granted  to 
cities  or  villages,  with  such  fines  or  penalties  as  the  city  council  or 
board  of  trustees  shall  deem  proper:  Provided ',  no  fine  or  penalty 
shall  exceed  $200,  and  no  imprisonment  shall  exceed  six  months  for 
one  offense. 

64.  Style  of  ordinances.]  §  2.  The  style  of  the  ordinances  in 

cities  shall  be  :  “Be  it  ordained  by  the  city  council  of. . ” 

65.  Publication  of  ordinances — when  take  effect.]  §  3.  All 
ordinances  of  cities  and  villages  imposing  any  fine,  penalty,  imprison¬ 
ment  or  forfeiture,  or  making  any  appropriation,  shall,  within  one 
month  after  they  are  passed,  be  published  at  least  once  in  a  news¬ 
paper  published  in  the  city  or  village,  or.  if  no  such  newspaper  is 
published  therein,  by  posting  copies  of  the  same  in  three  public 
places  in  the  city  or  village  ;  and  no  such  ordinance  shall  take  effect 
until  ten  days  after  it  is  so  published.  And  all  other  ordinances, 
orders  and  resolutions  shall  take  effect  from  and  after  their  passage, 
unless  otherwise  provided  therein. 

66.  Proof  of  ordinances. \  §  4.  All  ordinances,  and  the  date  of 

publication  thereof,  may  be  proven  by  the  certificate  of  the  clerk, 
under  the  seal  of  the  corporation.  And  when  printed  in  book  or 
pamphlet  form,  and  purporting  to  be  published  by  authority  of  the 
board  of  trustees  or  the  city  council,  the  same  need  not  be  otherwise 
published  :  and  such  book  or  pamphlet  shall  be  received  as  evidence 
of  the  passage  and  legal  publication  of  such  ordinances,  as  of  the 
dates  mentioned  in  such  book  or  pamphlet,  in  all  courts  and  places 
without  further  proof. 

67.  Suits  for  violating  ordinances .]  §  5.  All  actions  brought 


24 


STATUTES  RELATING  TO  THE  MUNICIPAL 


to  recover  any  fine,  or  to  enforce  any  penalty,  under  any  ordinance 
of  any  city  or  village,  shall  be  brought  in  the  corporate  name  of  the  city 
or  village  as  plaintiff;  and  no  prosecution,  recovery  or  acquittal,  for 
the  violation  of  any  such  ordinance,  shall  constitute  a  defense  to  any 
other  prosecution  of  the  same  party  for  any  other  violation  of  any 
such  ordinance,  although  the  different  causes  of  action  existed  at  the 
same  time,  and  if  united,  would  not  have  exceeded  the  jurisdiction  of 
the  court  or  magistrate. 

68.  Fines  and  licenses — paid  to  treasurer. J  g  6.  All  fines  and 
forfeitures  for  the  violation  of  ordinances,  when  collected,  and  all 
moneys  collected  for  licenses  or  otherwise,  shall  be  paid  infox  the 
treasury  of  the  corporation,  at  such  times  and  in  such  manner  as  may 
be  prescribed  by  ordinance. 

69.  Summons — affidavit — ■punishment.]  §  7.  In  all  actions  for 
the  violation  of  any  ordinance;  the  first  process  shall  be  a  summons  : 
Provided ,  ho/rerer ,  that  a  warrant  for  the  arrest  of  the  offender  may 
issue  in  the  first  instance,  upon  the  affidavit  of  any  person  that  any 
such  ordinance  has  been  violated,  and  that  the  person  making  the 
complaint  has  reasonable  grounds  to  believe  the  party  charged  is 
guilty  thereof;  and  any  person  arrested  upon  such  warrant  shall, 
without  necessary  delay,  be  taken  before  the  proper  officer  to  be  tried 
for  the  alleged  offense.  Any  person  upon  whom  any  fine  or 
penalty  shall  be  imposed,  may,  upon  the  order  ot  the  court 
or  magistrate  before  whom  the  conviction  is  had.  be  committed  to 
the  county  jail  or  the  calaboose,  city  prison,  work  house,  house  of 
correction,  or  other  place  provided  by  the  city  or  village  for  the 
incarceration  of  offenders,  until  such  fine,  penalty  and  cost  shall  be 
fully7  paid:  Provided ,  that  no  such  imprisonment  shall  exceed  six 
months  for  any  qne  offense.  The  city  council  or  board  of  trustees 
shall  have  power  to  provide,  by  ordinance,  that  every  person  so  com¬ 
mitted  shall  be  required  to  work  for  the  corporation,  at  such  labor  as 
his  or  her  strength  will  permit,  within  and  without  such  prison, 
work  house,  house  of  correction,  or  other  place  provided  for  the 
incarceration  of  such  offenders,  not  exceeding  ten  hours  each  work¬ 
ing  days;  and  for  such  work  the  person'  so  employed  to  be  allowed, 
exclusive  of  his  or  her  board.  $2  for  each  day’s  work  on  account  of 
such  fine  and  cost. 

70.  Jurisdiction  of  Justices ,  etc.  /  §  8.  Any  and  all  justices  of 

the  peace  and  police  magistrates  shall  have  jurisdiction  in  all  cases 
arising  under  the  provisions  of  this  act,  or  any  ordinance  passed  in 
pursuance  thereof. 

71.  Constable  or  Sheriff  ma p  serve  process,  etc.  /  $9.  Any  con¬ 

stable  or  sheriff  of  the  county  may  serve  any  process,  or  make  any 
arrests  authorized  to  be  made  by  any  city  officer. 

72.  Jurisdiction  over  waders — street  labor.  /  $  10.  The  city  or 

village  government  shall  have  jurisdiction  upon  all  waters  within  or 
bordering  upon  the  same,  to  the  extent  of  three  miles  beyond  the 
limits  of  the  city  or  village,  but  not  to  exceed  the  limits  of  the  state; 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


25 


and  may,  by  ordinance,  require  every  able-bodied  male  inhabitant 
of  such  city  or  village,  above  the  age  of  twenty-one  years  and  under 
the  age  of  fifty  years,  (excepting  paupers,  idiots,  lunatics,  and  such 
others  as  are  exempt  by  law.)  to  labor  on  the  streets  and  alle}rs  of 
such  city  or  village,  not  more  than  three  days  in  each  year,  but  such 
ordinance  shall  provide  for  commutation  of  such  labor  at  not  more 
than  one  dollar  and  fifty  cents  per  day. 


Article  VI. 

OFFICERS — THEIR  POWERS  AND  DUTIES.  * 


73.  Officers./  §  1.  There  shall  be  elected,  in  all  cities  organ¬ 
ized  underpins  act,  the  following  officers,  viz:  a  mayor,  a  city  coun¬ 
cil.  a  city  clerk,  city  attorney,  and  a  city  treasurer. 

74.  Other  officers — duties  of  city  marshal.]  §  2.  The  city 
council  may,  in  its  discretion,  from  time  to  time,  by  ordinance  passed 
by  a  vote  of  two-thirds  of  all  the  aldermen  elected,  provide  for  the 
election  by  the  legal  voters  of  the  city,  or  the  appointment  by  the 
mayor,  with  the  approval  of  the  city  council,  of  a  city  collector,  a 
city  marshal,  a  city  superintendent  of  streets,  a  corporation  .counsel, 
a  city  comptroller,  or  any  or  either  of  them,  and  such  other  officers 
as  may  by  said  council  be  deemed  necessary  or  expedient.  The  city 
council  may,  by  a  like  vote,  by  ordinance  or  resolution,  to  take  effect 
at  the  end  of  the  then  fiscal  year,  discontinue  any  office  so  created, 
and  devolve  the  duties  thereof  on  any  other  city  officer;  and  no  offi¬ 
cer  filling  any  such  office  so  discontinued,  shall  have  any  claim 
against  the  city  on  account  of  his  salary,  after  such  discontinuance. 
The  city  marshal  shall  perform  such  duties  as  shall  be  prescribed  by 
the  city  council  for  the  preservation  of  the  public  peace,  and  the 
observance  and  enforcement '  of  the  ordinances  and  laws;  he  shall 
possess  the  power  and  authority  of  a  constable  at  common  law,  and 
under  the  statutes  of  this  state. 


75.  Appointments — vacancies — duties — powers.]  •§  3.  All  offi¬ 
cers  of  any  city,  except  where  herein  otherwise  provided,  shall  be 
appointed  by  the  mayor  (and  vacancies  in  all  offices  except  the  mayor 
and  aldermen  shall  be  filled  by  like  appointment)  by  and  with  the 
advice  and  consent  of  the  city  council.  The  city  council  may,  by 
ordinance  not  inconsistent  with  the  provisions  of  this  act.  prescribe 
the  duties  and  define  the  powers  of  all  such  officers,  together  with  the 
term  of  any  such  office:  Provided ,  the  term  shall  not  exceed  two 
years. 

76.  Oath — bond.]  §  4.  All  officers  of  any  cit}7  or  village, 
whether  elected  or  appointed,  shall,  before  entering  upon  the  duties 
of  their  respective  offices,  take  and  subscribe  the  following  oath  or 
affirmation. 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  he,)  that  I  will  support  the  consti¬ 
tution  of  the  United  States,  and  t  he  constitution  of  the  state  of  Illinois,  and  that  I  will 

faithfully  discharge  the  duties  of  the  office  of .  .  according  to  the  hest  of  my 

ability, 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in  the 


26 


STATUTES  RELATING  TO  THE  MUNICIPAL 


office  of  the  clerk.  And  all  such  officers,  except  aldermen  and  trus¬ 
tees,  shall  before  entering  upon  the  duties  of  their  respective  offices, 
execute  a  bond  with  security,  to  be  approved  by  the  city  council  or 
board  of  trustees,  payable  to  the  city^  or  village,  in  such  penal  sum  as 
may,  by  resolution  or  ordinance,  be  directed,  conditioned  for  the  faith¬ 
ful  performance  of  the  duties  of  the  office  and  the  payment  of  all 
moneys  received  by  such  officer,  according  to  law  and  the  ordinances 
of  said  city  or  village:  Provided,  however,  that  in  no  case  shall 
the  mayor's  bond  be  tixed  at  a  less  sum  than  three  thousand  dollars 
($3,000);  nor  shall  the  treasurer’s  bond  be  tixed  at  a  less  sum  than 
the  amount  of  the  estimated  tax  and  special  assessments  for  the  cur¬ 
rent  year — which  bonds  shall  be  tiled  with  the  clerk  (except  the  bond 
of  the  clerk,  which  shall  be  tiled  with  the  treasurer.) 

77.  Commission — certificate — delivery  to  successors.  ]  §  5.  All 

officers  elected  or  appointed,  under  this  act  (except  the  clerk,  aider- 
men  and  mayor,  and  trustees),  shall  be  commissioned  by  warrant,  un¬ 
der  the  corporate  seal,  signed  by  the  clerk  and  the  mayor  or  presiding 
officer  of  the  city  council  or  board  of  trustees.  The  mayor  or  presi¬ 
dent  of  the  board  of  trustees  shall  issue  a  certificate  of  appointment 
or  election,  under  the  seal  of  the  corporation,  to  the  clerk  thereof, 
and  any  person  having  been  an  officer  of  the  city  or  village,  shall, 
within  five  days  after  notification  and  request,  deliver  to  his  successor 
in  office  all  property,  books  and  effects  of  every  description  in  his 
possession,  belonging  to  the  city  or  village,  or  appertaining  to  his 
said  office;  and  upon  his  refusal  to  do  so,  shall  be  liable  for  all  the 
damages  caused  thereby,  and  to  such  penalty  as  may  by  ordinance  be 
prescribed. 

78.  Qualification  of  officers.  ]  §  6.  No  person  shall  be  eligible 

to  any  office  who  is  not  a  qualified  elector  of  the  city  or  village,  and 
who  shall  have  not  resided  therein  at  least  one  year  next  preceding 
his  election  or  appointment,  nor  shall  any  person  be  eligible  to  any 
office  who  is  a  defaulter  to  the  corporation. 

79.  Not  interested  in  contracts,  etc. ]  §  7.  No  officer  shall  be 

directly  or  indirectly  interested  in  any  contract,  work  or  business  of 
the  city,  or  the  sale  of  any  article,  the  expense,  price  or  consideration 
of  which  is  paid  from  the  treasury,  or  by  any  assessment  levied  by  any 
act  or  ordinance;  nor  in  the  purchase  of  any  real  estate  or  other 
property  belonging  to  the  corporation,  or  which  shall  be  sold  for  taxes 
or  assessments,  or  by  virtue  of  legal  process  at  the  suit  of  said  cor¬ 
poration. 

80.  Bribery — penalty .  ]  §  8.  Every  person  who  shall  promise, 

offer  or  give,  or  cause,  or  aid,  or  abet  in  causing  to  be  promised,  offered 
or  given,  or  furnish  or  agree  to  furnish,  in  whole  or  in  .part,  to  be 
promised,  offered  or  given  to  any  member  of  the  city  council  or  board 
of  trustees,  or  any  officer  of  the  corporation,  after  or  before  his  elec¬ 
tion  or  appointment  as  such  officer,  any  moneys,  goods,  right  in  action, 
or  other  property  or  anything  of  value,  or  any  pecuniary  advantage, 
present  or  prospective,  with  intent  to  influence  his  vote,  opinion. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


27 


judgment  or  action,  on  any  question,  matter,  cause  or  proceeding 
which  may  be  then  pending,  or  may  by  law  be  brought  before  him 
in  his  official  capacity,  shall,  upon  conviction,  be  imprisoned  in  the 
penitentiary  for  a  term  not  exceeding  two  years,  or  shall  be  fined  not 
exceeding  $5,000,  or  both,  in  the  discretion  of  the  court.  Every  offi¬ 
cer  who  shall  accept  any  such  gift  or  promise,  or  undertaking  to  make 
the  same  under  any  agreement  or  understanding  that  his  vote,  opin¬ 
ion,  judgment  or  action  shall  be  influenced  thereby,  or  shall  be  given 
in  any  question,  matter,  cause  or  proceeding  then  pending,  or  which 
may  by  law  be  brought  before  him  in  his  official  capacity,  shall,  upon 
conviction,  be  disqualified  from  holding  any  public  office,  trust  or 
appointment  under  the  city  or  village,  and  shall  forfeit  his  office,  and 
shall  be  punished  by  imprisonment  in  the  penitentiary  not  exceeding 
two  years,  or  by  a  fine  not  exceeding  $5,000,  or  both,  in  the  discretion 
of  the  court.  Every  person  offending  against  either  of  the  provis¬ 
ions  of  this  section,  shall  be  a  competent  witness  against  any  other 
person  offending  in  the  same  transaction,  and  may  be  compelled  to 
appear  and  give  evidence  before  any  grand  jury  or  in  any  court  in  the 
same  manner  as  other  persons;  but  the  testimony  so  given  shall  not 
be  used  in  any  prosecution  or  proceeding,  civil  or  criminal,  against 
the  person  so  testifying. 

81.  Mayor ,  etc.,  not  to  hold  other  office .J  §  9.  No  mayor,  aider- 
man,  city  clerk,  or  treasurer,  shall  hold  any  other  office  under  the  city 
government  during  his  term  of  office. 

82.  Duties  of  clerk. J  §  10.  The  clerk  shall  keep  the  corporate 
seal,  to  be  provided  under  the  direction  of  the  city  council  or  board 
of  trustees,  and  all  papers  belonging  to  the  city  or  village;  he  shall 
attend  all  meetings  of  the  city  council  or  board  of  trustees,  and  keep 
a  full  record  of  its  proceedings  in  the  journal;  and  copies  of  all  pa¬ 
pers  duly  filed  in  his  office,  and  transcripts  from  the  journals  and 
other  records  and  files  of  his  office,  certified  by  him  under  the  cor¬ 
porate  seal,  shall  be  evidence  in  all  courts  in  like  manner  as  if  the 
originals  were  produced. 

83.  Record  of  ordinances. ]  §  11.  The  clerk  shall  record,  in  a 

book  to  be  kept  for  that  purpose,  all  ordinances  passed  by  the  city 
city  council  or  board  ot  trustees,  and  at  the  foot  of  the  record  of  each 
ordinance  so  recorded  shall  make  a  memorandum  of  the  date  of  the 
passage  and  of  the  publication  or  posting  of  such  ordinance,  which 
record  and  memorandum,  or  a  certified  copy  thereof,  shall  be  prirna 
facie  evidence  of  the  passage  and  legal  publication  or  posting  of  such 
ordinances  for  all  purposes  whatsoever. 

81.  Conservators  of  the  peace — powers. J  §  12.  Tbe  trustees  in 
villages,  the  mayor,  aldermen,  and  the  marshal  and  his  deputies,  po¬ 
licemen  and  watchmen,  in  cities,  if  any  such  be  appointed,  shall  be 
conservators  of  the  peace;  and  all  officers  created  conservators  of  the 
peace  by  this  act,  or  authorized  by  any  ordinance,  shall  have  power 
to  arrest,  or  cause  to  be  arrested,  with  or  without  process,  all  persons 
who  shall  break  the  peace,  or  be  found  violating  any  ordinance  of  the 


28 


STATUTES  RELATING  TO  THE  MUNICIPAL 


city  or  village,  or  any  criminal  law  of  the  state,  commit  for  examination, 
and  if  necessary,  detain  such  persons  in  custody  over  night  or  Sunday 
in  the  watch-house,  or  any  other  safe  place,  or  until  they  can  be 
brought  before  the  proper  magistrate,  and  shall  have  and  exercise 
such  other  powers  as  conservators  of  the  peace,  as  the  city  council  or 
board  of  trustees  may  prescribe. 

85.  Compensation  of  Mayor.  ]  §  13.  The  mayor  of  any  city 

shall  receive  such  compensation  as  the  city  council  may  by  ordinance 
direct,  but  his  compensation  shall  not  be  changed  during  his  term  of 
office. 

86.  Compensation  of  aldermen  and  trustees .]  §  14.  The  aider- 

men  and  trustees  may  receive  such  compensation  for  their  services  as 
shall  be  fixed  b}r  ordinance:  Provided ,  however ,  such  compensation 
shall  not  exceed  $3  to  each  alderman  or  trustee  for  each  meeting  of 
the  city  council,  or  board  of  trustees,  actually  attended  by  him,  and 
no  other  compensation  than  for  attendance  upon  such  meetings  shall 
be  allowed  to  any  alderman  or  trustee  for  any  services  whatsoever. 
Such  compensation  shall  not  be  changed,  after  it  has  been  once  estab¬ 
lished,  so  as  to  take  effect  as  to  any  alderman  or  trustee  voting  for 

•such  change,  during  his  term  of  office. 

87.  Compensation  of  other  officers]  §15.  All  other  officers  may 
receive  a  salary,  fees  or  other  compensation  to  be  fixed  by  ordinance, 
and  after  the  same  has  been  once  fixed,  such  fees  or  compensation 
shall  not  be  increased  or  diminished,  to  take  effect  during  the  tenn 
for  which  any  such  officer  was  elected  or  appointed;  and  every  such 
officer  shall  make  and  return  to  the  mayor,  or  president  of  the  board 
of  trustees,  a  semi-annual  report,  verified  by  affidavit,  of  all  such  fees 
and  emoluments  received  by  him. 

88.  Administering  oaths.]  §  16.  The  mayor  of  any  city,  and 
the  clerk  of  any  city  or  village,  shall  have  power  to  administer  oaths 
and  affirmations  upon  all  lawful  occasions. 

Article  VII. 


FINANCE. 


89.  Fiscal  yea/  .]  §  1.  The  fiscal  year  of  each  city  or  village 

organized  under  this  act,  shall  commence  at  the  date  established  by 
law  for  the  annual  election  of  municipal  officers  therein,  or  at  such 
other  times  as  may  be  fixed  by  ordinance. 

90.  Annual  appropriation  ordinance .]  §  2.  The  city  council 

oi  cities,  and  board  of  trustees  in  villages,  shall,  within  the  first  quar¬ 
ter  of  each  fiscal  year,  pass  an  ordinance,  to  be  termed  the  annual 
appropriation  bill,  in  which  such  corporate  authorities  may  appro¬ 
priate  such  sum  or  sums  of  money  as  may  be  deemed  necessary  to  de¬ 
fray  all  necessary  expenses  and  liabilities  of  such  corporation;  and  in 
such  ordinance  shall  specify  the  objects  and  purposes  for  which  such 
appropriations  are  made,  and  the  amount  appropriated  for  each  ob¬ 
ject  or  purpose.  No  further  appropriations  shall  be  made  at  any 


I 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


29 


oMior  time  witlun  such  fiscal  year,  unless  the  proposition  to  make 
each  appropriation  Inis  been  first  sanctioned  by  a  majority  of  the 
legal  voters  of  such  city  or  village,  either  by  a  petition  signed  by 
them,  or  at  a  general  or  special  election  duly  called  therefor. 

91.  Limitation — emergency' — borrowing  money .J  §  3.  Neither 
the  city  council  nor  the  hoard  of  trustees,  nor  any  department  or 
officer  of  the  corporation,  shall  add  to  the  corporation  expenditures 
in  any  one  year  anything  over  and  above  the  amount  provided  for  in 
the  annual  appropriation  bill  of  that  year,  except  as  is  herein  other¬ 
wise  specially  provided;  and  no  expenditure  for  an  improvement  to 
be  paid  for  out  of  the  general  fund  of  the  corporation  shall  exceed,  in 
any  one  year,  the  amount  provided  for  such  improvement  in  the  an¬ 
nual  appropriation  bill:  Prodded,  however ,  that  nothing  herein  con¬ 
tained  shall  pieven t  the  city  council  or  board  of  trustees  from  order¬ 
ing.  by  a  two-thirds  vote,  any  improvement,  the  necessity  of  which 
is  caused  by  any  casualty  or  accident  happening  after  such  annual 
appropriation  is  made.  The  city  council  or  board  of  trustees  may,  by 
a  1  ike  vote,  order  the  mayor  or  president  of  the  board  of  trustees  and 
finance  committee  to  borrow  a  sufficient  amount  to  provide  for  the 
expense  necessary  to  lie  incurred  in  making  any  improvements,  the* 
necessity  of  which  lias  arisen  as  is  last  above  mentioned,  for  a  space 
of  time  not  exceeding  the  close  of  the  next  fiscal  year — -which  sum, 
and  the  interest,  shall  be  added  to  the  amount  authorized  to  be  raised 
in  the  next  general  tax  levy,  and  embraced  therein.  Should  any 
judgment  be  obtained  against  the  corporation,  the  mayor  or  president 
of  the  board  of  trustees  and  finance  committee,  under  the  sanction  of 
the  city  council  or  board  of  trustees,  may  borrow  a  sufficient  amount 
to  pay  the  same,  for  a  space  of  time  not  exceeding  the  close  of  the 
next  fiscal  year — which  sum  and  interest  shall,  in  like  manner,  be 
added  to  the  amount  authorized  to  be  raised  in  the  general  tax  levy 
of  the  next  year,  and  embraced  therein. 

92.  Contracting  liabilities  limited. J  §  4.  No  contract  shall  be 
hereafter  made  by  the  city  council  or  board  of  trustees,  or  any  com¬ 
mittee  or  member  thereof;  and  no  expense  shall  be  incurred  by  any 
of  the  officer?;  or  departments  of  the  corporation,  whether  the  object 
of  the  expenditure  shall  have  been  ordered  by  the  city  council  or 
board  of  trustees  or  not.  unless  an  appropriation  shall  have  been  pre¬ 
viously  made  concerning  such  expense,  except  as  herein  otherwise 
expressly  provided. 

93.  Duties  of  Treasurer.,]  §  5  The  treasurer  shall  receive  all 
moneys  belonging  to  the  corporation,  and  shall  keep  his  books  and 
accounts  in  such  manner  as  may  be  prescribed  by  ordinance,  and  such 
books  and  accounts  shall  always  be  subject  to  the  inspection  of  any 
member  of  the  city  council  or  board  of  trustees. 

94.  Separate  accounts./  §  6.  He  shall  keep  a  separate  account 
of  each  fund  or  appropriation,  and  the  debts  and  credits  belonging 
thereto. 

95.  Receipts.]  §  j.  He  shall  give  every  person  paying  money 


30 


STATUTES  RELATING  TO  THE  MUNICIPAL 


into  the  treasury  a  receipt  therefor,  specifying  the  elate  of  payment, 
and  upon  what  account  paid;  and  lie  shall  also  file  copies  of  such 
receipts  with  the  clerk,  at  the  date  of  his  monthly  reports. 

96.  Monthly  statements — warrants — vouchers — register .]  §  8. 
The  treasurer  shall,  at  the  end  of  each  and  every  month,  and  oftener 
if  required,  render  an  account  to  the  city  council  or  board  of  trustees, 
or  such  officer  as  may  be  designated  by  ordinance  (under  oath),  show¬ 
ing  the  state  of  the  treasury  at  the  date  of  such  account,  and  the  bal¬ 
ance  of  money  in  the  treasury.  He  shall  also  accompany  such 
accounts  with  a  statement  of  all  moneys  received  into  the  treasury, 
and  on  what  account,  together  with  all  warrants  redeemed  and  paid 
by  him;  which  said  warrants,  with  any  and  all  vouchers  held  by  him, 
shall  be  delivered  to  the  clerk,  and  filed  with  his  said  account  in  the 
clerk's  office,  upon  every  day  of  such  settlement.  He  shall  return  all 
warrants  paid  by  him  stamped  or  marked  ‘’paid.”  He  shall  keep  a 
register  of  all  warrants  redeemed  and  paid,  which  shall  describe  such 
warrants,  and  show  the  date,  amount,  number,  the  fund  from  which 
paid,  the  name  of  the  person  to  whom  and  when  paid. 

97.  Deposit  of  funds — separate  from  his.  /  §9.  The  treasurer 
’  may  be  required  to  keep  all  moneys  in  his  hands,  belonging  to  the 

corporation,  in  such  place  or  places  of  deposit  as  may  be  designated 
by  ordinance:  Provided,  however ,  no  such  ordinance  shall  be  passed 
by  which  the  custody  of  such  money  shall  be  taken  from  the  treasurer 
and  deposited  elsewhere  than  in  some  regularly  organized  bank  nor 
without  a  bond  to  be  taken  from  such  bank,  in  such  penal  sum  and 
with  such  security  as  the  city  council  or  board  of  trustees  shall  direct 
and  approve, 'sufficient  to  save  the  corporation  from  any  loss;  but 
such  penal  sum  shall  not  be  less  than  the  estimated  receipts  for  the 
current  year  from  taxes  and  special  assessments  levied,  or  to  be  levied 
by  the  corporation.  The  treasurer  shall  keep  all  moneys  belonging 
to  the  corporation  in  his  hands  separate  and  distinct  iron)  his  own 
moneys,  and  he  is  hereby  expressly  prohibited  from  using,  either 
directly  or  indirectly,  the  corporation  money  or  warrants  in  his  cus¬ 
tody  and  keeping,  for  his  own  use  and  benefit,  or  that  of  any  other- 
person  or  persons  whomsoever;  and  any  violation  of  this  provision 
shall  subject  him  to  immediate  removal  from  office  by  the  city  coun¬ 
cil  or  board  of  trustees,  who  are  hereby  authorized  to  declare  said 
office  vacant:  and  in  which  case  his  successor  shall  be  appointed,  who 
shall  hold  his  office  for  the  remainder  of  the  term  unexpired  of  such 
officer  so  removed. 

98.  Treasurer's  annual  report — -publication. J  §10.  The  tri  as- 
urer  shall  report  to  the  city  council  or  board  of  trustees,  as  often  as 
required,  a  full  and  detailed  account  of  all  receipts  and  expenditures 
of  the  corporation,  as  shown  by  his  books,  up  to  the  time  of  said 
report;  and  he  shall,  annually,  between  the  first  and  tenth  of  April, 
make  out  and  file  with  the  clerk  a  full  and  detailed  account  of  all 
such  receipts  and  expenditures,  and  of  all  his  transactions,  as  such 
treasurer,  during  the  preceding  fiscal  year,  and  shall  show  in  such 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


31 


account  the  state  of  the  treasury  at  the  close  of  the  fiscal  year;  which 
account  the  clerk  shall  .immediately  caused  to  he  published  in  a  news¬ 
paper  printed  in  such  city,  if  there  be  one,  and  if  not,  then  by  posting 
the  same  in  a  public  place  in  the  clerk’s  office. 

99.  Warrants,  j  §  11.  All  warrants  drawn  upon  the  treasurer 
must  be  signed  by  the  mayor  and  countersigned  by  the  clerk,  stating 
the  particular  fund  or  appropriation  to  which  the  same  is  chargeable, 
and  the  person  to  whom  payable \  and  no  money  shall  be  otherwise 
paid  than  upon  such  warrants  so  drawn,  except  as  hereinafter  pro¬ 
vided. 

100.  Special  assessment  funds  kept  separate.]  §  12.  All 
moneys  received  on  any  special  assessment  shall  be  held  by  the  treas¬ 
urer  as  a  special  fund,  to  be  applied  to  the  payment  of  the  improve¬ 
ment  for  which  the  assessment  was  made,  and  said  money  shall  be 
used  for  no  other  purpose  whatever,  unless  to  reimburse  such  corpor¬ 
ation  for  money  expended  for  such  improvement. 

CITY  COLLECTOR. 

101.  His  duties.  J  §13.  It  shall  be  the  duty  of  the  collector, 
when  one  is  appointed,  to  preserve  all  warrants  which  are  returned 
into  his  hands,  and  he  shall  keep  such  books  and  his  accounts  in  such 
manner  as  the  city  council  may  prescribe.  Such  warrants,  books, 
and  all  papers,  pertaining  to  his  office,  shall  at  all  times  be  open  to 
the  inspection  of  and  subject  to  the  examination  of  the  mayor,  city 
clerk,  any  member  of  the  council,  or  committee  thereof.  He  shall 
weekly,  and  oftener,  if  required  by  the  council,  pay  over  to  the  treas¬ 
urer  all  moneys  collected  by  him  from  any  source  whatever,  taking- 
such  treasurer’s  receipt  therefor,  which  receipt  he  shall  immediately 
file  with  the  city  clerk;  but  the  city  clerk  shall,  at  the  time  or  on 
demand,  give  such  tax  collector  a  copy  of  any  such  receipt  so  hied. 

102.  He  shall  report ,  etc. — -publication. §  14.  He  shall  make 
a  report,  in  writing,  to  the  council,  or  any  officer  designated  by  the 
council,  of  all  moneys  collected  by  him,  the  account  whereon  col¬ 
lected.  or  of  any  other  matter  in  connection  with  his  office,  when  re¬ 
quired  by  the  council  or  by  any  ordinance  of  the  city.  He  shall 
also,  annually,  between  the  first  and  tenth  of  April,  file  with  the 
clerk  a  statement  of  all  the  moneys  collected  by  him  during  the  year, 
the  particular  warrant,  special  assessment  or  account  on  which  col¬ 
lected.  the  balance  of  .moneys  uncollected  on  all  warrants  in  his  hand.? 
and  the  balance  remaining  uncollected  at  the  time  of  the  return  on 
all  warrants  which  shall  have  returned,  during  the  preceding  fiscal 
year,  to  the  city  clerk.  The  city  clerk  shall  publish  or  post  the  same, 
as  hereinbefore  required  to  be  done  in  regard  to  the  annual  report  of 
the  treasurer. 

103.  Hot  to  detain  money — penalty .J  §  15.  The  collector  is 
hereby  expressly -prohibited  from  keeping  the  moneys  of  the  city  in 
his  hands,  or  in  the  hands  of  any  person  or  corporation,  to  his  use, 
beyond  the  time  which  may  be  prescribed  for  the  payment  of  the  same 


33 


STATUTES  RELATING  TO  THE  MUNICIPAL 


to  the  treasurer',  and  any  violation  of  this  provision  will  subject  him 
to  immediate  removal  from  office. 

104.  Examination  of  kis  books — -payiny  over. J  §  16.  All  the 
city  collector's  papers,  books,  warrants  and  vouchers  may  be  exam¬ 
ined  at  any  time  by  the  mayor  or  clerk,  or  any  member  of  the  cijby 
council;  and  the  collector  shall  every  two  weeks,  or  oftener  if  the 
city  council  so  direct,  pay  over  all  money  collected  by  him  from  any 
person  or  persons,  or  associations,  to  the  trasurer,  taking  his  receipt 
therefor  in  duplicate,  one  of  which  receipts  he  shall  at  once  tile  in  the 
office  of  the  clerk. 


CITY  COMPTROLLER. 

105.  His  powers  and  duties i\  §  IT.  The  city  comptroller  (if 
there  shall  be  any  city  comptroller  appointed,  if  not,  then  the  clerk) 
shall  exercise  a  general  supervision  over  all  the  officers  of  the  cor¬ 
poration  charged  in  any  manner  with  the  receipt,  collection  or  dis¬ 
bursement  of  corporation  revenues,  and  the  collection  and  return  of 
all  such  revenues  into  the  treasury,  lie  shall  have  the  charge,  custo¬ 
dy,  and  control  of  all  deeds,  leases,  warrants,  vouchers,  books,  and 
papers  oi  any  kind,  the  custody  and  control  of  which  is  not  herein 
given  to  any  other  officers;  and  he  shall,  on  or  before  the  fifteenth 
day  of  May,  in  each  year,  and  before  the  annual  appropriations  to  tie 
made  by  the  city  council  or  the  board  of  trustees,  submit  to  the  city 
council  or  board  of  trustees  a  report  of  his  estimates,  as  nearly  as  may 
be,  of  moneys  necessary  to  defray  the  expenses  of  the  corporation 
during  the  current  fiscal  year.  He  shall,  in  said  report,  class  the 
different  objects  and  branches  of  expenditures,  giving,  as  nearly  as 
may  be,  the  amount  required  for  each;  and  for  the  purpose  of  making 
such  a  report,  he  is  authorized  to  require  of  all  officers  their  state¬ 
ment  of  the  condition  and  expenses  of  their  respective  offices  or  de¬ 
partments,  with  any  proposed  improvements  and  the  probable  ex¬ 
pense  thereof,  all  contracts  made  and  unfinished,  and  the  amount  of 
any  and  all  unexpended  appropriations  of  the  preceding  year.  He 
shall,  in  such  report,  show  the  aggregate  income  of  the  preceding 
fiscal  year,  from  all  sources,  the  amount  of  liabilities  outstanding 
upon  which  interest  is  to  be  paid,  the  bonds  and  debts  payable  during 
the  year,  when  due  and  when  payable;  and  in  such  report  he  shall 
give  such  other  information  to  the  council  or  board  of  trustees  as  he 
may  deem  necessary,  to  the  end  that  the  city  council  oi  board  of 
trustees  as  he  may  deem  necessary,  to  the  end  ‘that  the  city  council 
or  board  of  trustees  may  fully  understand  the  money  exigencies  and 
demands  upon  the  corporation  for  the  current  year. 

106.  Council  may  define  the  duties — transfer  of  clerk' s  financial 

duties .]  §  18.  When  there  shall  be  appointed  in  any  city  a  comp¬ 

troller,  the  city  council  may,  by  ordinance  or  resolution,  confer  unon 
him  such  powers,  and  provide  tor  the  performance  of  such  duties  by 
him,  as  the  city  council  shall  deem  necessary  and  proper;  and  all  the 
provisions  of  this  act  relating  to  the  duties  of  city  clerk,  or  che  powers 
of  city  clerk  in  connection  with  the  finances,  the  treasurer  and 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


33 


collector,  or  the  receipt  and  disbursements  of  the  moneys  of  such  city, 
shall  be  exercised  and  performed  by  such  comptroller,  if  one  there 
shall  be  appointed;  and  to  that  end  and  purpose,  wherever  in  this 
act  heretofore  the  word  “clerk"  is  used,  it  shall  be  held  to  mean 
“comptroller;"  and  wherever  the  “clerk's  office"  is  referred  to,  it 
shall  be  held  to  mean  “comptroller’s  office." 

107.  Record  of  bonds  issued  by  city.]  §  19.  The  comptroller, 
when  there  shall  be  a  comptroller,  and  if  not,  then  the  clerk,  shall 
keep  in  his  office,  in  a  book  or  books  kept  expressly  for  that  purposes,  a 
correct  list  of  all  the  outstanding  bonds  of  the  city,  showing  the 
number  and  amount  of  each,  for  and  to  whom  the  said  bonds  are 
issued;  and  when  any  city  bonds  are  purchased,  or  paid,  or  cancelled; 
said  book  or  books  shall. show  the  fact;  and  in  his  annual  report  he 
shall  describe,  particularly,  the  bonds  sold  during  the  year,  and  the 
terms  of  sale,  with  each  and  every  item  of  expense  thereof. 


GENERAL  PROVISIONS. 

108.  Further  duties  may  he  required. ]  §  20.  The  collector 

and  treasurer,  and  all  other  officers  connected  with  the  receipt  and 
expenditure  of  money,  shall  perform  such  other  duties,  and  be  subject 
to  such  other  rules  and  regulations  as  the  city  council  or  board  of 
trustees  may,  from  time  to  time,  by  ordinance,  provide  and  establish. 

109.  Appeal  to  finance  committee .]  §  21.  In  the  adjustment  of 

the  accounts  of  the  collector  or  treasurer  with  the  clerk  (or  comp¬ 
troller  if  there  shall  be  one),  there  shall  be  an  appeal  to  the  finance 
committee  of  the  council  or  board  of  trustees,  whose  decision  in  all 
matters  of  controversy  arising  between  said  officers  shall  be  binding, 
unless  the  city  council  or  board  of  trustees  shall  otherwise  direct  and 
provide. 

110.  Who  may  appoint  subordinates.']  §  22.  The  comptroller 
(if  there  shall  be  one),  the  clerk,  treasurer  and  collector,  shall,  sever¬ 
ally,  appoint  such  various  clerks  and  subordinates  in  their  respective 
offices  as  the  city  council  or  board  of  trustees  may  authorize,  and  shall 
be  held,  severally,  responsible  for  the  fidelity  of  all  persons  so  ap¬ 
pointed  by  them. 

111.  Foreign  insurance  companies — license ,  etc. — penalties .]  §23. 
All  corporations,  companies  or  associations  not  incorporated  under 
the  laws  of  this  State,  engaged  in  any  city  in  effecting  fire  insurance, 
shall  pay  to  the  treasurer  the  sum  of  $2  upon  the  $100  of  the  net 
receipts  by  their  agency7  in  such  city,  and  at  that  rate  upon  the 
amount  of  all  premiums  which  during  the  half  year  ending  on  every 
first  day  of  July  and  January,  shall  have  been  received  for  any  insur¬ 
ance  effected  or  agreed  to  be  effected  in  the  city  or  village,  by  or  with 
such  corporations,  companies  or  associations,  respectively7.  Every 
person  who  shall  act  in  any  city7  or  village  as  agent,  or  otherwise,  for 
or  on  behalf  of  any  such  corporation,  company  or  association,  shall, 
on  or  before  the  fifteenth  day  of  July  and  January,  in  each  year, ren¬ 
der  to  the  comptroller  (it  any  there  be.  if  not,  to  the  clerk),  a  full. 


34 


STATUTES  RELATING  TO  THE  MUNICIPAL 


true  and  just  account,  verified  by  his  oath,  of  all  premiums  which, 
during  the  half  year  ending  on  every  first  day  of  July  end  January 
preceding  such  report,  shall  have  been  received  by  him.  or  any  other 
person  for  him,  in  behalf  of  any  such  corporation,  company  or  asso¬ 
ciation,  and  shall  specify  in  said  account  the  amounts  received  for  fire 
insurance.  Such  agents  shall  also'  pay  over  to  the  treasurer,  at  the 
time  of  rendering  the  aforesaid  account,  the  amount  of  rates  for 
which  the  company  or  companies  represented  by  them  are  severally 
chargeable  by  virtue  hereof.  If  such  account  be  not  rendered  on  or 
before  the  day  hereinbefore  designated  for  that  purpose,  or  if  the 
said  rates  shall  remain  unpaid  after  that  day,  it  shall  be  unlawful  for 
any  corporation,  company  or  association  so  in  default  to  transact  any 
business  of  insurance  in  any  such  city  or  village,  until  the  said  requi¬ 
sitions  shall  have  been  fully  complied  with;  biit  this  provision  shall 
not  relieve  any  company  from  the  payment  of  any  risk  that  may  be 
taken  in  violation  hereof.  Any  person  or  persons  violating  any  of 
the  provisions  of  this  section  shall  be  subject  to  indictment,  and  upon 
conviction  thereof,  in  any  court  of  competent  jurisdiction,  shall  be 
fined  in  any  sum  not  exceeding  $1,000,  or  imprisoned  not  exceeding- 
six  months,  or  both,  in  the  discretion  of  the  court.  Said  rates  may 
also  be  recovered  of  such  corporation,  company  or  association,  or  its 
agent,  by  action  in  the  name  and  for  the  use  of  any  such  cit-v  or  vill¬ 
age,  as  for  money  had  and  received  for  its  use:  Provided,  that  this 
section  shall  only  apply  to  such  cities  and  villages  as  have  an  organ¬ 
ized  fire  department,  or  maintain  some  organization  for  the  preven¬ 
tion  of  fires. 


Article  VIII. 

*>  )  ^ 
THE  ASSESSMENT  AND  COLLECTION  OF  TAXES. 

112.  Ordinance  levying  tux- — limitation.  |  §  1.  The  city  council 
in  cities,  and  boards  of  trustees  in  villages,  may  levy  and  collect  taxes 
for  corporate  purposes  in  the  manner  following:  The  city  council,  or 
boards  of  trustees,  as  the  case  may  be,  shall  annually,  on  or  before 
the  third  (3d)  Tuesday  in  September,  in  each  year,  ascertain  the  total 
amount  of  appropriations  for  all  corporate  purposes  legally  made  and 
to  be  collected  from  the  tax  levy  of  that  fiscal  year;  and,  bv  an  ordi¬ 
nance,  specifying  in  detail  the  purposes  for  which  such  appropria¬ 
tions  are  made,  and  the  sum  or  amount  appropriated  for  each  purpose, 
respectively,  levy  the.  amount  so  ascertained  upon  all  the  property 
subject  to  taxation  within  the  city  or  village,  as  the  same  is  assessed 
and  equalized  for  state  and  county  purposes  for  the  current  year.  A 
certified  copy  of  such  ordinance  shall  be  filed  with  the  county  clerk 
of  the  proper  county,  whose  duty  it  shall  be  to  ascertain  the  rate  per 
cent,  which,  upon  the  total  valuation  of  all  property  subject  to  taxa¬ 
tion  within  the  city  or  village,  as  the  same  is  assessed  and  equalized 
for  state  and  county  purposes,  will  produce  a  net  amount  not  less 
than  the  amount  so  directed  to  be  levied:  and  it  shall  be  the  duty  of 
the  county  clerk  to  extend  such  tax  in  a  separate  column  upon  the 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


35 


book  or  books  of  the  collector  or  collectors  of  state  and  county  taxes, 
within  such  city  or  village.  Provided ,  the  aggregate  amount  of  taxes 
levied  for  any  one  (1)  year,  exclusive  of  the  amount  levied  for  the 
payment  of  bonded  indebtedness,  or  the  interest  thereon,  shall  not 
exceed  the  rate  of  two  (2)  per  centum  upon  the  aggregate  valuation 
of  all  property  within  such  city  or  village,  subject  to  taxation  therein, 
as  the  same  was  equalized  for  state  and  county  taxes  of  the  preceding 
year. 

113.  Manner jf  collecting.]  §  2.  The  tax  so  assessed  shall  be 
collected  and  enforced  in  the  same  manner  and  by  the  same  officers  as 
state  and  county  taxes,  and  shall  be  paid  over  by  the  officers  collect¬ 
ing  the  same  t'o  the  treasurer  of  the  city  or  village. 

114.  Time  of  pat/iny  over.  1  $  3.  It  shall  be  the  duty  of  the 
officer  collecting  such  tax  to  settle  with  and  pay  over  to  such  treas¬ 
urer.  as  often  as  once  in  two  weeks  from  the  time  he  shall  commence 
the  collection  thereof,  all  such  taxes  as  he  shall  then  have  collected, 
till  the  whole  tax  collected  shall  be  paid  over. 

115.  When  tax  levied  for  particular  purpose.  ]  §4.  Whenever 

•any  city  or  village  is  required  to  levy  a  tax  for  the  payment  of  any 
particular  debt,  appropriation  or  liability  of  the  same,  the  tax  for 
such  purpose  shall  be  included  in  the  total  amount  assessed  by  the 
city  council  or  board  of  trustees,  and  certified  to  the  county  clerk  as 
aforesaid;  but  the  city  council  or  board  of  trustees  shall  deter¬ 
mine,  in  the  ordinance  making  such  assessment,  what  proportion  of 
such  total  amount  shall  be  applicable  to  the  payment  of  such  partic¬ 
ular  debt,  appropriation  or  liability;  and  the  city  or  village  treasurer 
shall  set  apart  such  proportion  of  the  tax  collected  and  paid  to  him 
for  the  payment  of  such  particular  debt,  appropriation  or  liability, 
and  shall  not  disburse  the  same  for  any  other  purpose  until  such  debt, 
appropriation  or  liability  shall  have  been 'discharged. 

116.  Uniformity^]  §  5.  All  taxes,  levied  or  assessed  by  any 
city  or  village,  except  special  assessments  for  local  improvements, 
shall  be  uniform  upon  all  taxable  property  and  persons  within  the 
limits  of  the  city,  and  no  property  shall  be  exempt  therefrom  other 
than  such  property  as  may  be  exempt  from  taxation  under  the  con¬ 
stitution  and  general  laws  of  the  state. 

Article  IX. 

SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 

117.  Powers  conferred .]  §  1.  That  the  corporate  authorities 

of  cities  and  villages  are  hereby  vested  with  power  to  make  local 
improvement  by  special  assessment*  or  by  special  taxation,  or  both,  of 
contiguous  property,  or  general  taxation,  or  otherwise,  as  they  shall 
by  ordinance  prescribe. 

118.  Ordinance  for  improvement  f\  §  2.  When  any  such  city 
or  village  shall,  by  ordinance,  provide  for  the  making  of  any  local 
improvement,  it  shall,  by  the  same  ordinance,  prescribe  whether  the 


36 


STATUTES  RELATING  TO  THE  MUNICIPAL 


same  shall  be  made  by  special  assessment  or  by  special  taxation  of 
contiguous  property,  or  general  taxation  or  both. 

119.  When  property  is  taken,  etc.]  §  3.  Should  said  ordinance 
provide  for  improvements  which  require  the  taking  or  damaging  of 
property,  the  proceeding  for  making  just  compensation  therefor  shall 
be  as  follows: 

120.  Petition.]  §  4.  Whenever  any  such  ordinance  shall  be 
passed  by  the  legislative  authority  ot  any  such  city  or  village,  for  the 
making  of  any  improvement  mentioned  in  the  first  section  of  this  act, 
or  any  other  local  improvement  that  such  city  or  village  is  author¬ 
ized  to  make,  the  making  of  which  will  require  that  private  property 
be  taken  or  damaged  for  public  use,  such  city  or  village  shall  tile  a 
petition  in  some  court  of  record  of  the  county  in  which  such  city  is 
situated,  in  the  name  of  the  city,  praying  that  “the  just  compensa¬ 
tion  to  be  made  for  private  property  to  be  taken  or  damaged  for  the 
improvement  or  purpose  specified  in  such  ordinance  shall  be  ascer¬ 
tained  by  a  jury." 

121.  Form  of  petition.]  §  5.  Such  petition  shall  contain  a 
copy  of  the  said  ordinance,  certified  by  the  clerk,  under  the  corporate 
seal;  a  reasonably  accurate  description  of  the  lots,  parcels  of  land  and 
property  which  will  be  taken  or  damaged,  and  the  names  of  the  own¬ 
ers  and  occupants  thereof,  so  far  as  known  to  the  board  or  officer  filing 
the  petition,  and  where  any  known  owners  are  non-residents  of  tl  e 
state,  stating  the  fact  of  such  non-residence. 

122.  Summons — publication — notice.  J  §  6.  Upon  the  filing  of 
the  petition  aforesaid,  a  summons,  which  may  be  made  returnable 
upon  any  day  in  term  time,  shall  be  issued  and  served  upon  the  per  ¬ 
sons  made  parties  defendant,  as  in  cases  in  Chun  eery.  And  in  case 
any  of  them  are  unknown,  or  reside  out  of  this  state,  the  clerk  of  the 
court,  upon  an  affidavit  being  filed  showing  such  fact,  shall  cause 
publication  to  be  made  in  some  newspaper  printed  in  his  county,  or. 
if  there  be  no  newspaper  published  in  his  county,  then  in  some  news- 
•  paper  published  in  this  state,  containing  notice  of  the  pendency  of 
such  proceeding,  the  parties  thereto,  the  title  of  the  court,  and  the 
time  and  place  of  the  return  of  the  summons,  in  the  case,  and  the 
nature  of  said  proceeding;  such  publication  to  be  made  for  four  weeks 
consecutively,  at  least  once  in  each  week,  the  first  of  which  shall  be 
at  least  thirty  days  before  the  return  day  of  such  summons.  Notices 
so  given  by  publication  shall  be  sufficient  to  authorize  the  court  to 
hear  and  determine  the  suit,  as  though  all  parties  had  been  sued  by 
their  proper  names  and  had  been  personally  served. 

123  Flea  ring — jury.  J  §  7.  Upon  the  return  of  said  summons, 
or  as  soon  thereafter  as  the  business  of  the  court  will  permit,  the  said 
court  shall  proceed  to  the  hearing  of  such  petition,  and  shall  impanel 
a  jury  to  ascertain  the  just  compensation  to  be  paid  to  all  of  such 
owners  and  occupants  aforesaid;  but  if  any  defendant  or  party  in 
interest  shall  demand,  or  the  court  shall  deem  it  proper,  separate 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


37 


juries  may  be  impaneled  as  to  the  compensation  or  damages  to  be 
paid  to  any  one  or  more  of  such  defendants  or  parties  in  interest. 

121.  .Jury  to  ascerft/in  compensation — admitting  other  parties. J 
§  8.  Such  jury  shall  also  ascertain  the  just  compensation  to  be  paid 
to  any  person  claiming  an  interest  in  any  lot,  parcel  of  land  or  prop¬ 
erty  which  may  be  taken  or  damaged  by  such  improvement,  whether 
or  not  such  person’s  name,  or  such  lot,  parcel  ot  land,  or  other  prop¬ 
erty,  is  mentioned  or  described  in  such  petition:  . Provided ,  such  per¬ 
son  shall  lirst  be  admitted  as  a  party  defendant  to  said  suit  by  such 
court,  and  shall  file  a  statement  of  his  interest  in  and  description  ot 
the  lot,  parcel  of  land,  or  other  property  in  respect  to  which  he  claims 
compensation. 

125.  Viewing  premises — ownership,  etc.]  §  9.  The  court  may 
upon  the  motion  ol  such  city  or  village,  or  ot  any  person  claiming 
any  such  compensation,  direct  that  said  jury  (under  the  charge  of  an 
officer  of  the  court)  shall  view  the  premises  which  it  is  claimed  by 
any  party  to  said  proceeding  will  be  taken  or  damaged  by  said  im¬ 
provement,  and  in  any  case,  where  there  is  no  satisfactory  evidence 
given  to  the  jury  as  to  the  ownership  ot,  or  as  to  the  extent  of  the 
interest  of  any  defendant  in  the  property  to  be  taken  or  damaged,  the 
jury  may  return  their  verdict  as  to  the  compensation  or  damage  to  be 
paid  for  the  property  or  part  of  property  to  be  taken  or  damaged,  and 
for  the  entire  interests  therein. 

126.  Judgment — new  parties  —further  proceedings^]  §  10.  Upon 
the  return  of  such  verdict,  the  court  shall  order  the  same  to  be 
recorded,  and  shall  enter  such  judgment  or  decree  thereon  as  the 
nature  of  the  case  may  require.  The  court  shall  continue  or  adjourn 
the  cause,  from  time  to  time,  as  to  all  occupants  and  owners  named 
in  such  petition  who  shall  not  have  been  served  with  process,  or 
brought  in  by  publication,  and  shall  order  a  new  summons  to  issue 
and  new  publication  to  be  made;  and  upon  such  occupants  or  owners 
being  brought  into  court,  shall  impanel  a  jury  to  ascertain  the  com¬ 
pensation  so  to  be  paid  to  such  defendant  or  defendants,  for  private 
property  taken  or  damaged;  and  like  proceeding  shall  be  had  for  such 
purpose  as  hereinbefore  provided  for  the  ascertaining  of  compensation 
to  other  owners. 

127.  Powers  of  court.]  §  11.  The  court  shall  have  power,  at 
any  time,  upon  proof  that  any  such  owner  or  owners  named  in  such 
petition,  who  has  not  been  served  with  process,  has  ceased  to  be  such 
owner  or  owners  since  the  tiling  of  such  petition,  to  impanel  a  jury 
and  ascertain  the  just  compensation  to  be  made  for  the  property  (or 
the  damage  thereto)  which  had  been  owned  by  the  person  or  persons 
so  ceasing  to  own  the  same;  and  the  court  may,  upon  any  finding  or 
findings  of  any  jury  or  juries,  or  at  any  time  during  the  course  of 
such  proceedings,  enter  such  order,  rule,  judgment,  or  decree  as  the 
nature  of  the  case  may  require. 

128.  Ownership — further  powers  of  court,  j  §  12.  No  delay  in 


38 


STATUTES  RELATING  TO  THE  MUNICIPAL 


making  an  assessment  of  compensation  shall  be  occasioned  by  any 
doubt  or  contest  which  may  arise  as  to  the  ownership  of  the  property 
or  any  part  thereof,  or  as  to  the  interests  of  the  respective  owners  or 
claimants,  but  in  such  case  the  court  may  impanel  a  jury  and  ascer¬ 
tain  the  entire  compensation  or  damage  that  should  be  paid  for*  the 
property,  or  part  of  property,  and  the  entire  interests  of  all  parties 
therein,  and  may  require  adverse  claimants  to  interplead  so  as  to  fully 
determine  their  rights  and  interests  in  the  compensation  so  ascer¬ 
tained.  And  the  court  may  make  such  order  as  may  be  necessary  in 
regard  to  the  deposit  or  payment  of  such  compensation. 

129.  Persons  under  disability. J  §  13.  When  it  shall  appear, 
from  said  petition  or  otherwise,  at  any  time  during  the  proceedings 
upon  such  petition,  that  any  infant  or  insane  or  distracted  person  is 
interested  in  any  property  that  is  to  be  taken  or  damaged,  the  court 
shall  appoint  a  guardian,  ad  litem ,  for  such  infant  or  insane  or  dis¬ 
tracted  person,  to  appear  and  defend  for  him.  her  or  them;  and  the 
court  shall  make  such  order  or  decree  as  it  shall  deem  proper  to  pro¬ 
tect  and  secure  the  interests  of  such  infant,  or  insane  or  distracted 
person,  in  such  property,  or  the  compensation  which  shall  be  awarded 
therefor. 

130.  Judgment — effect — appeal,  etc./  §  14.  Any  final  judg¬ 
ment  or  judgments,  rendered  by  said  court,  upon  any  finding  or 
findings  of  any  jury  or  juries,  shall  be  a  lawful  and  sufficient  con¬ 
demnation  of  the  land  or  property  to  be  taken  upon  the  payment  of 
the  amount  of  such  finding  as  hereinafter  provided,  it  shall  be  final 
and  conclusive  as  to  the  damages  caused  by  such  improvement,  .unless 
such  judgment  or  judgments  shall  be  appealed  from;  but  no  appeal 
or  writ  of  error  upon  the  same  shall  delay  proceedings  under  said 
ordinance,  if  such  city  or  village  shall  deposit,  as  directed  by  the 
court,  tin1  amount  of  the  judgment  and  costs,  and  shall  file  a  bond  in 
the  court  in  which  such  judgment  was  rendered,  in  a  sum  to  be  fixed 
and  with  security  to  be  approved  by  the  judge  of  said  court,  which 
shall  secure  the  payment  of  any  future  compensation  which  may  at 
any  time  be  finally  awarded  to  such  party  so  appealing  or  suing  out 
such  writ  of  error,  and  his  or  her  costs. 

131.  Order  for  possession.]  §  15.  The  court,  upon  proof  that 
said  just  compensation  so  found  by  the  jury  has  been  paid  to  the 
person  entitled  thereto,  or  has  been  deposited  as  directed  by  the  court 
(and  bond  given,  in  case  of  any  appeal  or  writ  of  error),  shall  enter 
an  order  that  the  city  or  village  shall  have  the  right,  at  any  time 
thereafter,  to  take  possession  of  or  damage  the  property,  in  respect  to 
♦which  such  compensation  shall  have  been  so  paid  or  deposited,  as 
aforesaid. 

132.  When  improrenient  made  by  general  tax.  j  §  lfi.  When 
tli e  ordinance  under  which  said  improvement  is  ordered  to  be  made 
shall  provide  that  such  improvement  shall  be  made  by  general  taxa¬ 
tion,  the  cost  of  such  improvement  shall  be  added  to  the  general  ap- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


39 


propriation  bill  of  such  city  or  village,  and  shall  be  levied  and  col¬ 
lected  with  and  as  a  part  of  the  general  taxes  of  such  city  or  village. 

133.  Social  taxation .]  £  IT.  When  said  ordinance,  under 

which  said  local  improvement  shall  be  ordered  shall  provide  that 
such  improvement  shall  be  made  by  special  taxation  of  contiguous 
property,  the  same  shall  be  levied,  assessed  and  collected  in  the  way- 
provided  in  the  sections  of  this  act  providing  for  the  mode  of  making, 
levying,  assessing  and  collecting  special  assessments. 

SPECIAL  ASSESSMENT. 

134.  Jfoir  made.  |  §  18.  When  the  ordinance  under  which 

said  local  improvement  is  ordered  to  be  made  shall  provide  that  such 
improvement  shall  be  wholly  or  in  .part  made  by  special  assessment, 
the  proceedings  for  the  making  such  special  assessment  shall  be  in 
accordance  with  the  sections  of  this  act  [article]  from  18  to  51. 
inclusive. 

135.  Ord inanas  for  sidewalks — -owner's  rights.'}  §  19.  Whenever 
such  local  improvements  are  to  be  made  wholly  or  in  part  by  special 
assessment,  the  council  in  cities,  or  board  of  trustees  in  villages,  shall 
pass  an  ordinance  to  that  effect,  specifying  therein  the  nature,  char¬ 
acter.  locality  and  description  of  such  improvement:  Provided,  that 
whenever  any  such  ordinance  shall  provide  only  for  the  building  or 
renewing  of  any  sidewalk,  the  owner  of  any  lot  or  piece  of  land  front¬ 
ing  on  such  sidewalk  shall  be  allowed  fifteen  days  after  the  time  at 
which  such  ordinance  shall  take  effect  in  which  to  build  or  renew 
such  sidewalk  opposite  his  land,  and  thereby  relieve  the  same  from 
assessment:  Provided,  that  the  work  so  to  be  done  shall  in  all  res¬ 
pects  conform  to  the  requirements  of  such  ordinance. 

136.  Estimate  of  cost.]  §  20.  The  city  council  or  board  of 
trustees  shall  appoint  three  of  its  members,  or  any  other  three  coin- 
patent  persons,  who  shall  make  an  estimate  of  the  cost  of  the  im¬ 
provement  contemplated  by  such  ordinance,  including  labor,  ma¬ 
terials,  and  all  other  expenses  attending  the  sanje.  and  the  cost  of 
making  and  levying  the  assessment,  and  shall  report  the  same  in 
writing  to  said  council  or  board  of  trustees. 

137.  Order  for  proceedings  in  court. ]  §  21.  On  such  ,  report 

being  made,  and  approved  by  the  council  or  board  of  trustees,  as  the 
case  may  be.  it  may  order  a  petition  to  be  filed  by  such  officer  as  it 
shall  direct,  in  the  county  court  of  its  county,  tor  proceedings  to 
assess  the  cost  of  such  improvement  in  the  manner  provided  in  this 
act. 

138.  Petition  to  court.]  §  22.  The  petition  shall  be  in  the 
name  of  the  corporation,  and  shall  recite  the  ordinance  for  the  pro¬ 
posed  improvement  and  the  report  of  such  commission,  and  shall 
pray  that  the  cost  of  such  improvement  may  be  assessed  in  the  man¬ 
ner  prescribed  by  law. 

139.  Appointment  of  commissioners — oath,]  §  23.  Upon  the 


40 


STATUTES  RELATING  TO  THE  MUNICIPAL 


filing  of  such  petition  the  court  shall  appoint  three  competent  per¬ 
sons  as  commissioners,  who  shall  take  and  subscribe  an  oath,  in  sub¬ 
stance  as  follows,  to- wit: 

State  of  Illinois,  j 

>ss. 

.  Count}'.  ) 

We,  the  undersigned,  commissioners,  appointed  by  the  county  court  of  . . . . 

county,  to  assess  the  cost  of . (here  state  in  general  terms  the  improvement), 

dt»  solemnly  swear  (or  affirm,  as  the  case  maybe,)  that  we  will  a  true  and  impartial 

assessment  make  of  the  cost  of  said  improvement  upon  the  city  (or  village)  or . 

and  the  property  benefltted  by  such  improvement,  to  the  best  of  our  ability,  and  ac¬ 
cording  to  law. 

140.  Duty  of  commissioners.]  §  24.  It  shall  be  the  duty  of 
such  commissioners  to  examine  the  locality  where  the  improvement 
is  proposed  to  be  made,  and  the  lots,  blocks,  tracts  and  parcels  of  land 
that  will  be  specially  benefitted  thereby,  and  to  estimate  what  pro¬ 
portion  of  the  total  cost  of  such  improvement  will  be  of  benefit  to  the 
public,  and  what  proportion  thereof  will  be  of  benefit  to  the  property 
to  b3  benefitted,  and  apportion  the  same  between  the  city  or  village 
and  such  property,  so  that  each  shall  bear  its  relative  equitable  pro¬ 
portion;  and  having  found  said  amounts,  to  apportion  and  assess  the 
amount  so  found  to  be  of  benefit  to  the  property  upon  the  several  lots, 
blocks,  tracts  and  parcels  of  land  in  the  proportion  in  which  they 
will  be  severally  benefitted  by  such  improvement:  Provided ,  that  no 
lot,  block,  tract  or  parcel  of  land  shall  be  assessed  a  greater  amount 
than  it  will  be  actually  benefitted :  And ,  provided .  further,  that  it 
shall  not  be  necessary  for  said  commissioners  to  examine  the  locality 
except  where  the  ordinance  provides  for  the  opening,  widening  or 
improvement  of  streets  and  alleys. 

[§  25.  repealed  by  act  approved  April  25.  1873.  ] 

141.  Assessment  roll — return.  I  S  26.  They  shall  also  make,  or 
cause  to  be  made,  an  assessment  roll,  in  which  shall  appear  the  names 
of  the  owners,  so  tar  as  known,  a  description  of  each  lot.  block,  tract, 
or  parcel  of  land,  and  the  amount  assessed  as  special  benefits  thereto, 
and  in  which  they  shall  set  down  as  against  the  city  or  village  the 
amount  they  shall  have  found  as  public  benefit,  and  certify  such 
assessment  roll  to  the  court  by  which  they  were  appointed,  at  least 
ten  days  before  the  first  day  of  the  term  at  which  a  final  hearing 
thereon  shall  he  had. 

142.  Notice  tnj  moil,  post  in  (f  and  publication.]  §  27.  It  shal 
also  be  the  duty  of  such  commissioners  to  give  notice  of  such  assess¬ 
ment.  and  of  the  term  of  court  at  which  a  final  hearing  thereon  will 
be  had,  in  the  following  manner: 

First — They  shall  send  by  mail  to  each  owner  of  premises  assessed, 
whose  name  and  place  of  residence  is  known  to  them,  a  notice,  sub¬ 
stantially  in  the  following  form: 

Mr . Your  (here  give  a  short  description  of  the  premises)  is  assessed 

5?..  for  public  improvement  The  assessment  roll  will  be  returned  to  the . 

term  of  the  county  court  of . county. 

(Here  give  date.)  . 


Commissioners. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


41 


Second — They  shall  cause  at  least  ten  days  notice  to  he  given,  by 
posting  notices  in  at  least  four  public  places  in  such  city  or  village, 
two  of  which  shall  be  in  the  neighborhood  of  such  proposed  improve¬ 
ment;  and  when  a  daily  newspaper  is  published  in  such  city  or  vill¬ 
age.  by  publishing  the  same  at  least  five  successive  days  in  such  daily 
newspaper,  or  it  no  daily  newspaper  is  published  in  such  city  or  vill¬ 
age,  and  a  weekly  newspaper  is  published  therein,  then  at  least  once 
in  each  week,  for  two  successive  weeks,  in  such  weekly  newspaper,  or 
if  no  daily  or  weekly  newspaper  is  published  in  such  city  or  village, 
then  in  a  newspaper  published  in  the  county  in  which  such  city  or 
village  is  situated.  The  notice  may  lie  substantially  as  follows: 

SPECIAL  ASSESSMENT  NOTICE. 

Notice  is  hereby  given  to  all  persons  interested  that  the  city  council  (or  board  ot 

trustees,  as  the  case ’may  be),  of . having  ordered  that  (here  insert  the 

description  and  nature  of  improvements  substantially  as  in  ordinance),  have  applied 
to  the  county  court  of . county  for  an  assessment  ot  the  cost  of  said  im¬ 

provements, "according  to  benefits;  and  an  assessment  thereof  having  been  made  and 

returned  to  said  court,  the  final  hearing  thereon  will  be  had  at  the . term 

of  said  court,  commencing  on  the . day  of . ,  A.  D.  18....  All  persons 

desiring  may  then  and  there  appear  and  make  their  defense. 

(Here  give  date.)  . 


Com  rn  istsioners . 

143.  Proof  of  notice,  j  §  28.  On  or  before  the  dual  hearing, 
the  affidavit  of  one  or  more  of  the  commissioners  shall  be  filed  in  said 
court,  stating  that  they  have  sent,  or  caused  to  be  sent,. by  mail,  to 
the  owners  whose  premises  have  been  assessed,  and  whose  name  and 
place  of  business  are  known  to  them,  the  notice  hereinbefore  required 
to  be  sent  by  m  til  to  owners  of  premises  assessed.  They  shall  also 
cause  to  be  tiled  the  affidavit  of  the  person  who  shall  have  posted  the 
notices  required  by  this  act  to  be  posted,  setting  forth  when  and  in 
what  manner  the  same  were  posted.  Such  affidavits  shall  be  received 
as  prima  facie  evidence  of  a  compliance  with  this  act  in  regard  to 
giving  such  notices.  They  shall  also  file  a  certificate  of  publication 
of  said  notice  in  like  manner  as  is  required  in  other  cases  of  publica¬ 
tion  ofinotices. 


144.  Conti  nuance  when  notice  is  not  in  time.]  §  29.  If  ten  days 
shall  not  have  elapsed  between  the  first  publication  or  the  putting  up 
of  such  notices  and  the  first  day  of  the  next  term  of  such  court,  the 
hearing  shall  be  continued  until  the  next  term  of  court. 

145.  Object  ions — judgment  by  default.]  §  30.  Any  person  in¬ 
terested  in  any  real  estate  to  be  affected  lay  such  assessment,  may 
appear  and  file  objections  to  such  report,  and  the  court  may  make 
such  order  in  regard  to  the  time  of  filing  such  objections  as  may  be 
made  in  cases  at  law  in  regard  to  the  time  of  filing  pleas.  As  to  all 
lots,  blocks,  tracts  and  parcels  of  land  to  the  assessment  of  which 
objections  are  not  filed  within  the  time  ordered  by  the  court,  default 
may  be  entered,  and  the  assessment  confirmed  by  the  court. 

146.  Hearing— jury.]  §  31.  On  the  hearing,  the  report  of  the 
commissioners  shall  be  competent  evidence,  and  either  party  may 
introduce  such  other  evidence  as  may  tend  to  establish  the  right  of 


42 


STATUTES  RELATING  TO  THE  MUNICIPAL 


the  matter  The  hearing  shall  he  conducted  as  in  other  cases  at  law, 
and  if  it  shall  appear  that  the  premises  of  the  objector  are  assessed 
more  or  less  than  they  will  be  benefited,  or  more  or  less  than  their 
proportionate  share  of  the  cost  of  the  improvement,  the  jury  shall  so 
find,  and  also  find  the  amount  for  which  such  premises  ought  to  be 
assessed,  and  judgment  shall  be  rendered  accordingly. 

147.  Precedence.]  §  32.  The  hearing  in  all  cases  arising  under 
this  act  shall  have  precedence  over  all  other  cases  in  such  court,  ex¬ 
cept  criminal  cases. 

148.  Court  nwij  modify ,  etc.,  the  assessment.  /  $  33.  The  court 

before  which  any  such  proceeding  may  be  pending,  shall  have  author¬ 
ity.  at  any  time  before  final  adjournment  |  judgment],  to  modify,  alter, 
change,  annul  or  confirm  any  assessment  returned,  as  aforesaid,  or 
cause  any  such  assessment  to  be  recast  by  the  same  commissioners 
whenever  it  shall  be  necessary  for  the  attainment  of  justice,  or  may 
appoint  other  commissioners  in  the  place  of  all  or  any  of  the  commis¬ 
sioners  first  appointed,  for  the  purpose  of  making  such  assessment,  or 
modifying,  altering,  changing,  or  recasting  the  same,  and  may  take 
all  such  proceedings  and  make  all  such  orders  as  may  be  necessary  to 
make  a  true  and  just  assessment  of  the  cost  of  such  improvement, 
according  to  the  principles  of  this  act,  and  may  from  time  to  time,  as 
may  be  necessary,  continue  the  application  for  that  purpose  as  to  the 
whole  or  any  part  of  the  premises. 

149.  Judy  incut  several— appeal ,  etc. — lien.]  §  34.  The  judg¬ 
ment  of  the  court  shall  have  the  effect  of  a  several  judgment  as  to 
each  tract  or  parcel  of  land  assessed,  and  any  appeal  from  such  judg¬ 
ment  or  writ  of  error  shall  not  invalidate  or  delay  the  judgment, 
except  as  to  the  property  concerning  which  the  appeal  or  writ  of 
error  is  taken.  Such  judgment  shall  be  a  lien  upon  the  property 
assessed,  from  the  date  thereof  until  payment  shall  be  made. 

150.  Judgment  certified,  to  city  clerk— filing — warrant. /  §  35. 

The  clerk  of  the  court  in  which  such  judgment  is  rendered  shall  cer¬ 
tify  the- assessment  roll  and  judgment  to  the  clerk  of  such  city  or 
village,  or  if  there  has  been  an  appeal  or  writ  of  error  taken  on  any 
part  of  such  judgment,  then  he  shall  certify  such  part  of  the  judg¬ 
ment  as  is  not  included  in  such  appeal  or  writ  of  error.  The  clerk  of 
the  city  or  village  shall  file  such  certificate  in  his  office  and  issue  a 
warrant  for  the  collection  of  such  assessment.  • 


151.  Form  of  warrant.]  §  36.  The  warrant  in  all  cases  of 
assessment  under  this  act  shall  contain  a  copy  of  such  certificate  of 
the  judgment,  describing  the  lots,  blocks,  tracts  or  parcels  of  land 
assessed,  and  the  respective  amounts  assessed  on  each  lot,  block,  tract 
or  parcel  of  land,  and  shall  be  delivered  to  the  officer  authorized  to 
collect  such  special  assessments.  Such  warrant  shall  give  sufficient 
authority  to  collect  the  assessments  therein  specified. 

152.  Collector's  notice— form  of. J  §37.  The  collector  receiving 
such  warrant  shall  immediately  give  notice  thereof  by  publishing 


(K)VKRN'M ENT  OF  THE  CITY  OF  MOXMOUTH. 


43 


such  notice  in  one  or  more  newspapers  in  such  city  or  village,  if  such 
newspaper  is  there;  and  if  there  is  no  such  newspaper,  then  by  post¬ 
ing  four  copies  thereof  in  public  places  along  the  line  of  the  proposed 
improvement.  Such  notice  may  be  substantially  in  the  following 
form : 

SPECIAL  ASSESSMENT  NOTICE.  SPECIAL  WARRANT  NO.  — . 

Public  notice;  is  hereby  given  that  the  (here  insert  title  of  court)  has  rendered 
judgment  for  a  special  assessment  upon  property  benefited  by  the  following  improve* 
uumt  (here  insert  the  ch.uueter  an  l  location  of  the  improvement  in  general  terms)  as 
will  more  fully  appear-  from  the  certified  copy  of  the  judgment  on  file  in  the  office  of 

the- 'derk  of  the  city  (or  village)  of . ;  that  a  warrant  for  the  collection  of  such 

assessments  is  in  the  hands  of  the  undersigned.  All  persons  interested  are  hereby  • 
notified  to  call  and  pay  the  amounts  assessed,  at  the  collector’s  office,  (here  insert  loca¬ 
tion  of  office)  wit  hin  thirty  days  from  the  date  hereof. 

Dated  this . day  of. . . . .  A.  1).  18... 

»  . !.  .Collector. 

153.  Manner  of  collecting — entry  of  payment-.]  §  38.  It  shall 
be  the  duty  of  the  collector  into  whose  hands  the  warrant  shall  so 
come,  as  far  as  practicable,  to  call  upon  all  persons  resident  within 
the  corporation  whose  names  appear  on  the  assessment  roll,  or  the 
occupants  of  the  property  assessed,  and  personally,  or  by  written  or 
printed  notice  left  at  his  or  her  usual  place  of  abode,  inform  them  of 
such  assessment,  and  request  payment  of  the  same.  Any  such  col¬ 
lector  omitting  so  to  do  shall  he  liable  to  a  penalty  of  $10  for  every 
such  omission,  hut  the  validity  of  the  special  assessment,  or  the  right 
to  apply  for  and  obtain  judgment  for  any  such  special  [assessment J, 
shall  not  he  affected  by  such  omission.  It  shall  he  the  duty  of  such 
collector  to  write  the  word  "paid"  opposite  each  tract  or  lot  on  which 
the  assessment  is  paid,  together  with  the  name  and  postoffice  address 
of  the  pereon  making  the  payment,  and  date  of  payment. 

lt>4.  tii  port  of  delinquent  list  to  count g  collector — evidence — de¬ 
fense.  /  >5  39.  It  shall  be  the  duty  of  the  collector  of  special  assess¬ 

ments.  within  such  time  as  the  city  council  or  board  of  trustees  may 
by  ordinance  provide,  to  make  a  report  in  writing — to  the  general 
officer  of  the  county  authorized,  or  to  be  designated  by  the  general 
revenue  law 'of  this  state,  to  apply  for  judgment  and  sell  lands  for 
taxes  due  the  county  and  state — of  all  the  lands,  town  lots  and  real 
property  on  which  lie  shall  have  been  unable  to  collect  special  assess¬ 
ments,  with  the  amount  of  special  assessments  due  and  unpaid  there¬ 
on,  together  with  his  warrant,  or  with  a  brief  description  of  the 
nature  of  the  warrant  or  warrants  received  by  him  authorizing  the 
collection  thereof;  which' report  shall  he  accompanied  with  the  oath 
of  the  collector  that  the  list  is  a  correct  return  and  report  of  the 
lands,  town  lots  and  real  property  on  which  the  special  assessments 

levied  by  authority  of  the  city  of . (or  village,  of . as 

the  case  may  be,)  remain  due  and  unpaid;  that  he  is  unable  to  collect 
the  same  or  any  part  thereof,  and  that  he  has  given  the  notice  re¬ 
quired  by  law  that  said  warrants  had  been  received  by  him  for  collec¬ 
tion..  Said  report,  when  so  made,  shall  he  prima  facie  evidence  that 
all  the  forms  and  requirements  of  the  law  in  relation  to  making  said 
return  have  been  complied  with,  and  that  the  special  assessments 
mentioned  in  said  report  are  due  and  unpaid.  And,  upon  the  appli- 


44 


STATUTES  RELATING  TO  THE  MUNICIPAL 


c  ition  for  judgment  upon  such  assessment,  no  defense  or  objection 
shall  be  made  or  heard  which  might  have  been  interposed  in  the  pro¬ 
ceeding  for  the  making  of  such  assessment,  or  the  application  for  the 
c  on  fir  in  atio  n  th  ereof. 


155.  Application  for  'judgment — what  lairs  govern, ]  §  40. 

When  said  general  officer  shall  receive  the  report  provided  for  in  the 
preceding  section,  he  shall  at  once  proceed  to  obtain  judgment  against 
said  lots,  parcels  of  land  and  property  for  said  special  assessments 
remaining  due  and  unpaid,  in  the  same  manner  as  is  or  may  be  by 
law  provided  lor  obtaining  judgment  against  lands  for  taxes  due  and 
unpaid  the  county  and  state;  and  shall  in  the  same  manner  proceed 
to  sell  the  same  for  the  said  special  assessments  remaining  due  and 
unpaid.  In  obtaining  said  judgment  and  making  said  sale,  the  said 
officer  shall  be  governed  by  the  general  revenue  laws  of  this  state, 
except  when  otherwise  provided  herein. 

156.  Return  of  sales — redemption. J  §  41.  After  making  said 
sales,  the  list  of  lots,  parcels  of  land  and  property  sold  thereat  shall 
be  returned  to  the  office  of  the  county  clerk,  and  redemption  may  be 
made  as  provided  for  by  the  general  revenue  law  of  this  state. 

157.  Penalty  when  lands  are  sold  Jar  tax ,  etc. J  §  42.  If  the 
collector  shall  receive  any  moneys  for  taxes  or  assessments,  giving  a 
receipt  therefor  for  any  land  or  parcel  of  land,  and  afterward  return 
the  same  as  unpaid  to  the  state  officers  authorized  to  sell  lands  for 
taxes,  or  shall  receive  the  same  after  making  such  return,  and  the 
same  be  sold  for  tax  or  assessment  which  has  been  so  paid  and  re¬ 
ceipted  for  by  himself  or  his  clerks,  he  and  his- bond  shalUbe  liable  to 
the  holder  of  the  certificate  given  to  the  purchasers  at  the  sale,  for 
double  the  amount  of  the  face  of  the  certificate,  to  be  demanded  in 
two  years  from  the  date  of  the  sale,  and  recovered  in  any  court  having 
jurisdiction  of  the  amount;  and  the  city  or  village  shall,  in  no  case, 
be  liable  to  the  holder  of  such  certificate. 


158.  Paging  over — compensation .]  §48.  The  collector  or  col¬ 

lectors.  and  the  general  officer  aforesaid,  to  whom  the  said  warrant 
shall  be  returned,  shall  pay  over  to  the  city  or  village  treasurer  to 
which  it  shall  belong  all  moneys  collected  by  them,  respectively, 
upon  or  by  virtue  of  such  warrant,  or  upon  any  sale  for  taxes  or 
otherwise,  at  such  time  or  times,  and  in  such  manner  as  shall  be  pre¬ 
scribed  by  ordinance,  and  shall  be  allowed  such  compensation  for 
their  services  in  the  collection  of  such  assessment  as  the  ordinances  of 
the  city  or  village  may  provide,  except  when  such  compensation  is 
fixed  by  general  law. 

159.  General  revenue  lairs  apply. \  §  44.  The  general  revenue 

laws  of  this  state,  in  reference  to  proceedings  to  recover  judgments 
for  delinquent  taxes,  the  sale  of  property  thereon,  the  execution  of 
certificates  of  sale  and  deeds  thereon,  the  force  and  effect  of  such  sales 
and  deeds,  and  all  other  laws  in  relation  to  the  enforcement  and  col¬ 
lection  of  taxes  and  redemption  from  tax  sales,  except  as  herein  other- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH.  45 

wise  provided,  shall  be  applicable  to  proceedings  to  collect  such 
special  assessment. 

160.  City  or  village  may  buy  in. J  §  45.  Any  city  or  village 
interested  in  the  collection  of  any  tax  or  special  assessment,  may  be¬ 
come  a  purchaser  at  any  sale  of  real  or  personal  property  to  enforce 
the  collection  of  the  same,  and  may,  by  ordinance,  authorize  and 
make  it  the  duty  of  one  or  more  city  or  village  officers  to  attend  such 
sales,  and  bid  thereat  in  behalf  of  the  corporation. 

161.  When  assessment  set  aside — new  assessment. ~\  §46.  If  any 
assessment  shall  be  annulled  by  the  city  council  or  board  of  trustees, 
or  set  aside  by  any  court,  a  new  assessment  may  be  made  and  re¬ 
turned,  and  like  notice  given  and  proceedings  had,  as  herein  required 
in  relation  to  the  first;  and  all  parties  in  interest  shall  have  the  like 
rights,  and  the  city  council  or  board  of  trustees  and  court  shall  per¬ 
form  like  duties  and  have  like  power  in  relation  to  any  subsequent 
assessment,  as  are  hereby  given  in  relation  to  the  first  assessment. 

162.  Supplemental  assessments.^  §  47.  If,  in  any  case,  the  first 
assessment  prove  insufficient,  a  second  may  be  made  in  the  same 
manner,  as  nearly  as  may  be,  and  so  on,  until  sufficient  moneys  shall 
have  been  realized  to  pay  for  such  public  improvement.  If  too  large 
a  sum  shall,  at  any  time,  be  raised,  the  excess  shall  be  refunded  rata¬ 
bly  to  those  by  whom  it  was  paid. 

163.  Near  assessments  against  delinquents — lien — limitation .]  § 

48.  If,  from  any  cause,  any  city  or  village  shall  fail  to  collect  the 
whole  or  any  portion  of  any  special  assessment  which  may  be  levied, 
which  shall  not  be  canceled  and  set  aside  by  the  order  of  any  court, 
for  any  public  improvement  authorized  to  be  made  and  paid  for  by 
special  assessment,  the  city  council  or  board  of  trustees  may,  at  any 
time  within  five  years  after  the  confirmation  of  the  original  assess¬ 
ment.  direct  a  new  assessment  to  be  made  upon  the  delinquent  prop¬ 
erty  for  the  amount  of  such  deficiency,  and  interest  thereon  from  the 
date  of  such  original  assessment — which  assessment  shall  be  made,  as 
near  as  may  be,  in  the  same  manner  as  is  herein  prescribed  for  the 
first  assessment.  In  all  cases  where  partial  payment  shall  have  been 
made  on  such  former  assessment,  they  shall  be  credited  or  allowed  on 
the  new  assessment  to  the  property  for  which  they  were  made,  so  that 
the  assessment  shall  be  equal  and  impartial  in  its  results.  If  such 
new  assessment  prove  ineffectual,  either  in  whole  or  in  part,  the  city 
council  or  board  ot  trustees  may,  at  any  time  within  said  period 
of  five  years,  order  a  third,  and  so  on,  to  be  levied  in  the  same  manner 
and  for  the  same  purpose;  and  it  shall  constitute  no  legal  objection 
to  such  assessment  that  the  property  may  have  changed  hands,  or 
been  encumbered,  subsequent  to  the  date  of  the  original  assessment, 
it  being  the  true  intent  and  meaning  of  this  section  to  make  the  cost 
and  expense  of  all  public  improvements,  to  be  paid  for  by  special 
assessment,  a  charge  upon  the  property  assessed  therefor,  for  the  full 
period  of  five  years,  from  the  confirmation  of  the  original  assessment, 


46 


STATUTES  RELATING  TO  THE  MUNICIPAL 


and  for  such  longer  period  as  may  be  required  to  collect,  in  due  course 
of  law,  any  new  assessment  ordered  within  that  period. 

164.  Contracts  payable  from  assessments.']  §  49.  All  persons 
taking  any  contracts  with  the  city  or  village,  and  who  agree  to  be 
paid  from  special  assessments,  shall  have  no  claim  or  lien  upon  the 
city  or  village  in  any  event,  except  from  the  collection  of  the  special 
assessments  made  for  the  work  contracted  for. 

165.  How  contracts  let — approval. J  §50.  All  contracts  for  the 
making  of  any  public  improvement,  to  be  paid  for  in  whole  or  in  part 
by  a  special  assessment,  and  any  work  or  other  public  improvement, 
when  the  expense  thereof  shall  exceed  $500,  shall  be  let  to  the  lowest 
responsible  bidder,  in  the  jnanner  to  be  prescribed  by  ordinance- 
such  contracts  to  be  approved  by  the  mayor  or  president  of  the  hoard 
of  trustees:  Provided,  however,  any  such  contract  may  be  entered 
intered  into  by  the  proper  officer  without  advertising  for  bids,  and 
without  su  h  approval,  by  a  vote  of  two-thirds  of  all  the  aldermen  or 
trustees  elected. 

166.  Lien.]  §  51.  All  special  assessments  levied  by  any  city 
or  village  under  this  act,  shall  from  the  date  ot  assessment,  be  a  lien 
upon  the  real  estate  upon  which  the  same  may  be  imposed,  and  such 
lien  shall  continue  until  such  special  assessments  are  paid.  And  the 
same  proceedings  may  be  resorted  to  by  the  collector,  upon  any  war¬ 
rant  or  order  issued  or  made  for  the  collection  of  special  assessments, 
as  in  the  case  ot  the  collection  of  state  and  county  taxes  under  the 
general  laws  of  the  state. 

167.  Collection  by  suit.]  §  52.  At  any  time  after  the  same  be¬ 
comes  due,  it  shall  and  may  be  lawful  for  any  collector  thereof  to 
commence  suit  in  any  court  of  record,  in  the  corporate  name  of  such 
city  or  village,  against  any  person  or  persons,  for  the  total  amount  of 
•special  assessments  which  such  person  or  persons  are  liable  for  the 
payment  of.  Such  suit  shall  be  commenced  by  petition,  and  shall 
state  the  several  amounts  of  the  special  assessments  sought  to  be  re¬ 
covered,  and  give  a  general  description  of  the  warrant  or  warrants 
issued  for  the  collection  thereof.  Upon  the.  filing  of  the  petition  a. 
summons  shall  be  issued,  served  and  returned  as  in  other  suits  in  such 
court.  Upon  the  return  of  such  summons,  duly  served,  the  court 
shall  forthwith  proceed  to  the  hearing  of  said  petition  without  for¬ 
mal  pleadings,  and  may  render  judgment  for  all  or  any  part  of  the 
special  assessments,  as  the  right  and  justice  of  the  case  may  require. 
The  original,  or  a  certified  copy  (by  the  clerk,  under  the  corporate 
seal),  of  such  warrant  or  warrants  and  list  or  lists,  or  so  much  there¬ 
of  as  refers  to  the  special  assessments  sought  to  be  recovered,  shall  be 
prinia  facie  evidence  of  the  right  of  said  collector  to  a  judgment  in 
favor  of  such  corporation.  Execution  shall  issue  on  such  judgment 
as  in  other  cases,  but  such  execution  may  be  first  levied  upon  and 
collected  from  any  personal  property  of  the  defendant:  or  the  court, 
in  which  such  proceedings  were  had,  may,  upon  complaint  of  the  city 
or  village,  issue  a  scire  facias  against  the  person  or  persons  liable  for 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


47 


such  payment,  to  show  cause  why  execution  should  not  issue  against 
him  or  them  for  the  amount  of  such  assessment;  and  if,  upon  the 
return  of  such  scire  facias,  good  cause  is  not  shown  why  execution 
should  not  issue,  the  court  may  award  execution  against  such  person 
or  persons  in  the  usual  form  of  execution  upon  judgments  at  law. 

168.  Supplemental  pci  it  ion  to  assess  benefits  in  condemnation 
case.  |  §  53.  Whenever  any  city  or  village  shall  apply  to  any  court 
tor  the  purpose  of  making  just  compensation  for  property  taken  or 
damaged  by  such  proceedings  as  are  authorized  by  this  act,  such  city 
or  village  may  tile  in  the  same  proceeding  a  supplemental  petition, 
praying  the  court  to  cause  that  an  assessment  be  made  for  the  pur¬ 
pose  of  raising  the  amount  necessary  to  pay  they  compensation  and 
damages  which  may  be  or  shall  have  been  awarded  for  the  property 
taken  or  damaged,  with  the  costs  of  the  proceeding.  The  said  court 
shall  have  power,  at  any  time  after  any  such  supplemental  petition 
shall  have  been  filed,  to  appoint  three  commissioners  to  make  such 
assessment,  and  to  ascertain,  as  near  as  may  be,  the  costs  incurred  to 
the  time  of  such  appointment,  and  the  probable  further  costs  of  the 
proceedings,  including  therein  the  estimated  cost  of  making  and  col¬ 
lecting  such  assessment,  and  shall  direct  such  cost  to  be  included  by 
such  commissioners  in  making  said  assessment.  Like  proceedings  in 
making  said  assessment  shall  be  had,  and  the  assessment  shall  be  made, 
collected  and  enforced  in  the  same  manner,  as  near  as  may  be,  as  is 
provided  in  this  article  in  other  cases. 

169.  Adoption  of  this  article.]  §  54.  Any  city  or  incorporated 
town  or  village  may,  if  it  shall  so  determine  by  ordinance,  adopt  the 
provisions  of  this  article  without  adopting  the  whole  of  this  act;  and 
where  it  shall  have  so  adopted  this  article,  it  shall  have  the  right  to 
take  all  proceedings  in  this  article  provided  for,  and  have  the  benefit 
of  all  the  provisions  hereof. 

Article  X. 

MISCELLANEOUS  PROVISONS — WATER. 

170.  Water — borrow  money. ]  §  1.  The  city  council  or  board 

of  trustees  shall  have  the  power  to  provide  for  a  supply  of  water  by 
the  boring  and  sinking  of  artesian  wells,  or  by  the  construction  and 
regulation  of  wells,  pumps,  cisterns,  reservoirs  or  water  works,  and  to 
borrow  money  therefor,  and  to  authorize  any  person  or  private  cor¬ 
poration  to  construct  and  maintain  the  same  at  such  rates  as  may  be 
fixed  by  ordinance,  and  for  a  period  not  exceeding  thirty  years;  also 
to  prevent  the  unnecessary  waste  of  water;  to  prevent  the  pollution 
of  the  water,  and  injuries  to  such  wells,  pumps,  cisterns,  reservoirs  or 
water  works. 

171.  Acquiring  'property  for  water  works  —  jurisdiction  over.\ 
§  2.  For  the  purpose  of  establishing  or  supplying  water  works,  any 
city  or  village  may  go  beyond  its  territorial  limits,  and  may  take,  hold 
and  acquire  property  by  purchase  or  otherwise;  shall  have  power  to 
take  and  condemn  all  necessary  lands  or  property  therefor,  in  the 


48 


STATUTES  RELATING  TO  THE  MUNICIPAL 


manner  provided  for  the  taking  or  injuring  private  property  for  pub¬ 
lic  uses;  and  the  jurisdiction  of  the  city  or  village  to  prevent  or  pun¬ 
ish  any  pollution  or  injury  to  the  stream  or  source  of  water,  or  to 
such  water  works,  shall  extend  five  miles  beyond  its  corporate  limits, 
or  so  far  as  such  water  works  may  extend. 

172.  Regulations — rates ,  taxation ,  etc.]  §  3.  The  city  council 
or  board  of  trustees  shall  have  power  to  make  all  needful  rules  and 
regulations  concerning  the  use  of  water  supplied  by  the  water  works 
of  said  city  or  village,  and  to  do  all  acts  and  make  such  rules  and 
regulations  for  the  construction,  completion,  management  or  control 
of  the  water  works,  and  for  the  leying  and  collecting  ot  any  water 
taxes,  rates  or  assessments,  as  the  said  city  council  or  board  of  trus¬ 
tees  may  deem  necessary  and  expedient;  and  such  water  taxes,  rents, 
rates  or  assessments  may  be  levied  or  assessed  upon  any  lot  or  parcel 
of  ground,  having  a  building  or  buildings  thereon,  which  shall  abut 
or  join  any  street,  avenue  or  alley  in  such  city  or  village  through 
which  the  distributing  pipes  of  such  water  works  (if  any'*  of  said 
city  or  village  are  or  may  be  laid,  which  can  be  conveniently  supplied 
with  water  from  said  pipes:  Provided,  [whether]  the  water  shall  le 
used  on  such  lot  or  parcel  of  ground  or  not;  and  the  same,  when  so 
levied  or  assessed,  shall  become  a  continuing  lien  or  charge  upon  such 
lot  or  parcel  of  ground,  building  or  buildings,  situated  thereon,  and 
such  lien  or  charge  may  be  collected  or  enforced  in  such  manner  as 
the  city  council  may,  by  ordinance,  prescribe.  And  the  corporate 
authorities  may  levy  a  general  tax  for  the  construction  and  mainten¬ 
ance  of  such  water  works,  and  appropriate  money  therefor. 

173.  1' ax-pager  wag  enforce  rights  in  name  of  citg ,  etc.  §  4. 
A  suit  may  be  brought  by  any  tax-payer,  in  the  name  and  for  the 
benefit  of  the  city  or  village,  against  any  person  or  corporation,  to 
recover  any  money  or  property  belonging  to  the  city  or  village,  or  for 
any  money  which  may  have  been  paid,  expended,  or  released  without 
authority  of  law:  Provided,  that  such  tax-payer  shall  file  a  bond  for 
all  costs,  and  be  liable  for  all  costs  in  case  the  city  or  village  be  cast 
in  the  suit,  and  judgment  shall  be  rendered  accordingly. 

174.  Maps — approval  of.]  §  5.  The  city  council  or  board  of 
trustees  shall  have  power  to  provide,  by  ordinance,  that  any  map, 
plat,  or  subdivision  of  any  block,  lot,  sub-lot,  or  part  thereof,  or  of 
any  piece  or  parcel  of  land,  shall  be  submitted  to  the  city  council  or 
board  of  trustees,  or  to  some  officer  to  be  designated  by  such  council 
or  board  of  trustees,  for  their  or  his  approval;  and  in  such  cases  no 
such  map,  plat  or  subdivision  shall  be  entitled  to  record  in  the  proper 
county,  or  have  auy  validity  until  it  shall  have  been  so  approved. 

175.  Inhabitants  competent  as  jurors ,  etc.]  §  6.  No  person 
shall  be  an  incompetent  judge,  justice,  or  juror,  by  reason  of  his  be¬ 
ing  an  inhabitant  or  freeholder  in  said  city  or  village,  in  any  action 
or  proceeding  in  which  said  city  or  village  may  be  a  party  in  interest. 

176.  Population  —  census./  §  7.  Whenever  in  this  act  any 
provision  thereof  is  based  upon  the  number  of  inhabitants,  [the 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


49 


number  of  inhabitants]  of  the  city  or  village  shall  be  determined  by 
reference  to  the  latest  census  taken  by  authority  of  the  United  States 
or  this  state,  or  of  such  city  or  village;  and  it  shall  be  the  duty  of 
the  secretary  of  state,  upon  the  publication  of  any  state  or  United 
States  census,  to  certify  to  each  city  or  village  the  number  of  inhab¬ 
itants,  as  shown  by  such  census.  Any  city  or  village  may,  by  ordi¬ 
nance,  provide  for  the  taking  of  a  census  of  the  population  thereof, 
in  order  to  determine  the  number  of  such  population  for  any  and  all 
purposes  of  this  act.  And  the  several  courts  in  this  state  shall  take 
judicial  notice  of  the  population  of  any  city  or  village,  as  the  same 
may  appear  from  the  latest  federal,  state,  city,  or  village  census  so 
taken. 

177.  Municipal  //cur.]  $  8.  The  term  -  '*  municipal  year” 

shall  be  construed  to  mean  the  period  elapsing  between  the  regular 
annual  elections,  unless  otherwise  provided  by  ordinance. 

178.  City  or  village  need  not  give  appeal  bond. ]  §  9.  When  in 
any  suit  the  city  or  village  prays  an  appeal  from  the  judgment  of 
any  court  of  this  state  to  a  higher  court,  it  shall  not  be  required  to 
furnish  an  appeal  bond. 

Article  XI. 

THE  ORGANIZATION  OF  VILLAGES. 

179.  An  inm,  pm  a* ion  allotted' under  former  lau  s.\  §  16.  After 
the  taking  effect  ot  this  act,  no  town  or  city  shall  become  incorpor¬ 
ated  under  any  other  general  law  then  in  force  for  the  incorporation 
of  towns  or  cities. 

180.  Changing  from  dig  to  village.\  That  it  shall  be  the  duty 
of  the  mayor  and  common  council  of  any  city,  upon  the  petition  of 
.one-fourth  of  the  legal  voters  thereof,  and  upon  ten  days  previous 
notice  of  such  application  by  the  city  clerk  published  in  some  news¬ 
paper  printed  in  said  city,  or  by  posting  such  notices  in  five  of  the 
most  public  places  within  said  city,  for  said  period  in  case  no  such 
newspaper  is  printed  in  said  city,  to  fix  the  time  and  call  an  election 
to  decide  whether  said  city  shall  be  organized  into  a  village/  That 
said  election  shall  be  governed  by  the  provisions  of  sections  fifty  (50), 
fifty-six  (56 )  and  fifty-seven  (57)  of  said  act.  and  the  legal  voters  at 
said  election  shall  vote  for  or  against  the  organization  of  said  city 
into  a  village,  and  the  tickets  shall  be  written  or  printed  "For  \  ill- 
age  Organization .”  or  u Against  Village  Organization and  if  there 
snail  be  a  majority  of  the  votes  cast  at  said  election  in  favor  of  the 
organization  of  said  city  into  a  village,  then  said  city  shall  be  a  vill¬ 
age  within  the  meaning  of  said  act  under  its  former  name  so  changed, 
and  shall  succeed  to  all  the  rights  and  be  liable  for  all  the  debts  and 
legal  liabilities  of  said  city,  and  the  mayor  of  said  city  shall,  within 
ten  days  after  said  election,  give  notice  of  the  time  and  place  for  the 
election  of  trustees,  as  near  as  may  be,  as  provided  for  under  section 


50 


STATUTES  RELATING  TO  THE  MUNICIPAL 


one  hundred  and  eighty-four  (184)  and  one  hundred  and  eighty- five 
(185)  of  said  act,  who  shall  hold  their  offices  until  the  next  regular 
election.  Provided ,  that  after  one  election  shall  have  taken  place,  no 
other  election  for  a  like  purpose  until  one  year  shall  have  elapsed. 
[  This  section  added  to  the  above  act  by  amendment  approved  May 
29,  1879.] 


N 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


51 


MISCELLANEOUS  STATUTES. 


ACTIONS  TO  RECOVER  FINES  AND  PENALTIES — HOW  BROUGHT. 

AN  ACT  entitled  “An  act  in  regard,  to  suits  by  incorporated  cities  and  villages,  and 
to  entoroe  penalties  and  recover  lines  for  violating  the  ordinances  thereof.”  [Ap 
proved  May  31,  1379.  In  force  July  1,  1879.] 

181  Suits — how  brouqht,  etc.]  §  1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois  represented  in  the  General  Assembly ,  That  all 
actions  to  recover  any  hue,  or  to  enforce  any  penalty,  under  any  ordi¬ 
nance  of  any  city  or  village  in  this  state,  shall  be  brought  in  the  corpor¬ 
ate  name  of  the  city  or  village,  as  plaintiff,  and  no  prosecution,  re¬ 
covery  or  acquittal  for  the  violation  of  any  such  ordinance  shall  con¬ 
stitute  a  defense  to  any  other  prosecution  of  the  same  party,  for  any 
other  violation  of  any  such  ordinance,  although  the  different  causes 
of  action  existed  at  the  same  time,  and,  if  united,  would  not  have 
exceeded  the  jurisdiction  of  the  court  or  magistrate. 


BONDS. 

1  i  *•.*'.  /  •  "  *■ 

AN  ACT  to  amend  an  act,  approved  April  27,  1877,  entitled  “An  act  to  amend  an  act 
entitled  an  act  relating  to  county  and  city  debts,  and  to  provide  for  the,  payment 
thereof,  by  taxation,  in  such  counties  and  cities,  approved  February  13,  1863,  and 
to  amend  the  title  thereof.” 

182.  New  bonds  maybe  issued  for  indebtedness  in  place  of  old 
ones.]  §  1.  That  in  all  cases  where  any  county,  city,  town,  town¬ 
ship,  school  district,  or  other  municipal  corporation,  has  issued  bonds 
or  other  evidences  of  indebtedness,  for  money,  or  has  contracted  debts, 
which  are  the  binding,  subsisting  legal  obligations  of  such  county, 
city,  town,  township,  school  district,  or  other  municipal  corporation, 
ancl  the  same,  or  any  portion  thereof,  remain  outstanding  and  unpaid, 
it  shall  be  lawful  for  the  proper  corporate  authorities  of  any  such 
county,  city,  town,  township,  school  district,  or  other  municipal  cor¬ 
poration,  upon  the  surrender  of  any  such  bonds  or  other  evidences  of 
indebtedness,  or  any  number  or  portion  thereof,  to  issue,  in  lieu  or 
place  thereof,  to  the  owners  or  holders  of  the  same,  new  bonds  pre¬ 
pared  as  hereinafter  directed,  and  for  such  amounts,  upon  such  time 
not  exceeding  twenty  years,  payable  at  such  place,  and  bearing  such 
rate  of  interest,  not  exceeding  seven  per  centum  per  annum,  as  may 
be  agreed  upon  with  the  owners  or  holders  of  such  outstanding  bonds 
or  other  evidences  of  indebtedness:  Provided ,  that  bonds  issued  un¬ 
der  this  act,  to  mature  within  five  years  from  their  elate,  may  bear  in¬ 
terest  not  to  exceed  eight  per  cent,  per  annum.  And  it  shall  also  be 
lawful  for  the  proper  corporate  authorities  of  any  such  county,  city, 


52 


STATUTES  RELATING  TO  THE  MUNICIPAL 


town,  township,  school  district,  or  other  municipal  corporation,  to 
cause  to  be  thus  issued,  such  new  bonds,  and  sell  the  same  to  raise 
money  to  purchase  or  retire  any  or  all  of  such  outstanding  bonds  or 
other  evidences  of  indebtedness;  the  proceeds  of  the  sales  of  such  new 
bonds  to  be  expended,  under  the  direction  of  the  corporate  authori¬ 
ties  aforesaid,  in  the  purchase  or  retiring  of  the  outstanding  bonds  or 
other  evidences  of  indebtedness  of  such  county,  city,  town,  township, 
school  district,  or  other  municipal  corporation,  and  for  no  other  pur¬ 
pose  whatever.  All  bonds  or  other  evidences  of  indebtedness,  issued 
under  the  provisions  of  this  act,  shall  show  upon  their  face  that  they 
are  issued  under  this  act,  and  the  purpose  for  which  they  are  issued, 
and  shall  be  of  uniform  design  and  style,  throughout  the  state,  to  be 
prescribed  by  the  state  auditor,  whose  imperative  duty  it  shall  be  to 
devise  and  prepare  such  uniform  style  and  draft  adapted  to  the  classes 
of  bonds  herein  provided  for,  namely:  The  first  class  to  consist  of 
bonds,  of  which  only  the  interest  is  payable  annually;  the  second 
class  to  consist  of  those  of  which  the  interest  and  five  per  centum  <>f 
the  principal  are  to  be  paid  annually;  and  the  third  class  to  consist 
of  a  graduated  series,  the  first  grade,  made  payable,  principal  and  in- 
interest,  at  the  end  of  one  year  from  the  date  of  issue;  the  second  at 
the  end  of  two  years,  and  thus  to  the  end  of  the  series,  the  class  to  he 
issued  being  at  the  option  of  the  legal  voters  expressed  as  herein  pro¬ 
vided.  In  any  case,  the  new  bonds,  or  other  evidences  of  indebted¬ 
ness,  authorized  to  be  issued  by  this  act,  shall  not  be  for  a  greater 
sum,  in  the  aggregate,  than  the  principal  and  accrued  Or  earned  inter¬ 
est  unpaid  of  such  outstanding  bonds  or  other  evidences  of  indebted¬ 
ness.  And  when  such  new  bonds,  or  other  evidences  of  indebtedness, 
shall  have  been  issued,  in  order  to  he  placed  on  the  market  and  sold 
to  obtain  proceeds  with  which  to  retire  outstanding  bonds,  or  otln  r 
evidences  of  indebtedness,  it  shall  be  the  duty  of  the  state  auditor,  on 
the  request  of  the  corporate  authorities  issuing  them,  and  at  the  ex¬ 
pense  of  the  corporation  in  whose  behalf  the  issue  is  thus  made  to 
negotiate  the  same,  at  not  less  than  par  value,  and  on  the.  best  terms 
which  can  be  obtained:  Provided ,  always,  that  any  such  county, 
city,  town,  township,  school  district,  or  other  municipal  corporation 
issuing  bonds  under  the  provisions  of  this  act,  may,  through  its  cor¬ 
porate  authorities  duly  authorized,  negotiate,  sell  or  dispose  of  said 
bonds,  or  any  part  thereof,  at  not  less  than  their  par  value  without 
the  intervention  of  the  auditor  of  state:  And  provided,  further^ 
That  no  new  bonds  or  other  evidences  of  indebtedness,  shall  be  issued 
under  this  act.  unless  the  same  shall  be  first  authorized,  as  hereinafter 
provided,  by  a  vote  of  a  majority  of  the  legal  voters  df  such  county, 
city,  town,  township,  school  district,  or  other  municipal  corporation 
voting  at  some  general  election,  or  special  election  held  for  that 
purpose. 

183.  Valuation  of  taxable  property  to  be  indorsed,  on  lond.]  §  2. 
In  all  cases  where  any  county,  city,  town,  township,  school  district,  or 
other  municipal  corporation  shall  issue  any  bonds  or  evidences  of  in¬ 
debtedness,  under  this  act.  it  shall  be  the  duty  of  the  county  clerk  of 


GOVERNMENT  Ob'  THE  CITY  OF  MONMOUTH. 


53 


such  county,  or  other  officer  to  whom,  or  to  whose  office,  the  assess¬ 
ment  rolls  for  state  taxation  of  the  property  within  such  county,  city% 
town,  township,  school  district,  or  other  municipal  corporation,  are 
or  shall  be  returnable,  within  tive  days  alter  the  total  value  of  the 
property  subject  to  taxation  therein  shall  he  returned  to  him,  to  make 
out  and  transmit  to  the  auditor  of  public  accounts,  to  be  tiled  in  his 
office,  a  certificate  setting  forth  the  total  value  of  all  taxable  property, 
of  every  nature  and  description,  within  such  county,  city,  town,  town¬ 
ship,  school  district,  or  other  municipal  corporation,  as  exhibited  by 
such  assessment.  And  it  shall  be  the  duty  of  the  auditor  of  public 
accounts  to  place  on  the  back  of  ail  new  bonds,  or  other  evidences  of 
indebtedness,  issued  under  the  provisions  of  this  act,  a  certificate  set¬ 
ting  forth  an  aggregate  statement  ot  the  amount  of  valuation  of  the 
taxable  property  of  the  municipal  corporation  issuing  such  new  bonds, 
or  other  evidences  of  indebtedness;  said  certificate  specifically  dis¬ 
tinguishing  the  value  of  real  estate  and  personal  property,  and  being 
based  on  the  return  provided  for,  in  this  section,  or,  if  there  should 
be  no  such  return  made  by  the  county  clerk  to  the  state  auditor, 
then  based  on  an  affidavit  made  by  the  officials  of  the  corporation  is¬ 
suing  the  bonds. 

184.  Election — notice.]  §  3.  it  shall  be  lawful  for  the  corpor¬ 
ate  authorities  of  any  such  municipal  corporation,  or  officers  author¬ 
ized  by  law  to  call  elections  therein,  on  the  petition  of  ten  legal 
voters,  resident  therein,  to  submit  to  the  voters  thereof,  at  any  gen¬ 
eral  or  special  election,  the  question  of  issuing  bonds  under  this  act, 
by  posting  a  notice  in  ten  of  the  most  public  places  therein,  and  bv 
publishing  the  same  in  the  nearest  newspaper,  twenty  days  before 
said  election,  which  notice  shall  state  the  number  and  amount  of 
bonds  proposed  to  be  issued;  the  kind  or  class  thereof  as  specified  in 
the  first  section  of  the  act »of  1865  as  hereby  amended,  and  as  also 
amended  by  the  said  act  of  1877;  the  amount  of  each;  the  rate  of  in¬ 
terest,  under  the  limitation  of  this  amendatory  act;  when  and  where 
payable;  for  what  purpose  issued,  and  the  time  and  place  when  and 
where  said  election  will  be  held.  And  upon  like  petition  and  notice 
it  shall  be  lawful  for  such  corporate  authorities,  or  officers,  to  submit 
the  question  of  issuing  bonds  under  this  act,  at  a  special  elect. on, 
which  shall  be  held  and  conducted  in  like  manner  as  other  elections 
therein.  The  ballots  shall  read  “For  issuing  the  bonds,”  or,  ‘‘Against 
issuing  the  bonds."  If  a  majority  of  the  votes  cast  be  for  issuing  the 
bonds,  the  same  shall  be  issued  in  conformity  to  the  specifications  of 
said  notice.  ,  Nothing  contained  in  this  act,  or  in  the  acts  to  which 
this  is  an  amendment,  shall  be  held  to  repeal,  or  in  any  wise  affect 
the  power  of  the  city  of  Monmouth,  to  issue  new  bonds  ot  said  city 
conferred  by  an  act  of  the  general  assembly,  approved  February  13, 
1865,  amending  the  charter  of  said  city,  nor  to,  in  anywise  affect  any 
other  law  which  authorizes  municipal  corporations  to  issue  bonds,  or 
other'  evidences  of  indebtedness,  and  which  does  not  provide  for  the 
registration  thereof. 


54 


STATUTES  RELATING  TO  THE  MUNICIPAL 


185.  Registration.  /  §  4.  Upon  the  surrender  of  any  bond,  or 

other  evidence  of  indebtedness,  under  this  act.  the  same  shall  be 
endorsed  canceled,  and  shall  from  time  to  time  be  destroyed  under  the 
direction  of  the  authority  issuing  the  same.  Upon  the  issuing  of  any 
new  bond,  or  evidence  of  indebtedness,  the  clerk,  or  other  officer  hav¬ 
ing  custody  ot  the  records  of  the  fiscal  matters  of  such  county,  city, 
town,  township,  school  district  or  other  municipal  corporation,  as  the 
case  may  be,  shall  make  registration  thereof  in  a  book  to  be  kept  in 
his  office  for  that  purpose,  showing  the  date,  amount,  number,  class, 
date  of  maturity,  rate  of  interest  and  place  ot  payment  ot  such  new 
bond,  or  other  evidence  of  indebtedness,  and  the  description  of  the 
bond  or  evidence  of  indebtedness,  for  which,  or  for  the  purchasing  or 
retiring  of  which,  the  same  was  given,  as  nearly  as  practicable.  On 
presentation  of  any  such  new  bond  or  evidence  of  indebtedness,  issued 
under  this  act,  at  the  office  of  the  auditor  of  public  accounts*,  for  reg¬ 
istration,  the. said  auditor  shall  cause  the  same  to  be  registered  in  his 
office,  in  a  book  to  be  kept  for  that  purpose;  such  registration  shall 
show  the  date,  amount,  number,  class,  date  of  maturity,  rate  of  interest, 
time  when  such  interest  is  payable,  and  place  of  payment  ot  the  prin¬ 
cipal  and  interest  of  such  bond  or  other  evidence  of  indebtedness, 
under  what  act,  by  what  authority,  for  what  purpose,  and  by  what 
county,  city,  town,  township,  school  district,  or  other  municipal  cor¬ 
poration  issued,  and  the  name  of  the  person,  or  persons,  presenting 
the  same  for  registration,  and  for  such  registration  the  auditor  shall 
be  entitled  to  a  fee  of  twenty-five  cents,  and  the  auditor  shall,  under 
his  seal  of  office,  certify  upon  such  bond  the  fact  of  such  registration 
for  which  the  auditor  shall  be  entitled  to  a  fee  of  twenty-five  cents, 
such  fees  to  be  paid  by  the  person  or  persons  desiring  such  registra¬ 
tion  and  certificate.  No  bonds  issued  under  this  act  shall  be  entitled 
to  registration  in  the  office  of  the  state  auditor,  until  a  sworn  certifi¬ 
cate  shall  have  been  filed  with  him,  showing  that  all  the  require¬ 
ments  of  this  act,  have  been  fully  complied  with,  in  their  issue.  In 
the  case  of  county  bonds,  such  affidavits  shall  be  made  by  the  chair¬ 
man  of  the  county  board.  In  case  of  township  bonds,  by  tffie  super¬ 
visor  of  such  township;  in  case  of  city  bonds,  by  the  mayor  of  such 
city;  in  case  of  town  or  village  bonds,  by  the  chairman  of  the  town 
or  village  board;  and  in  case  of  school  district  bonds,  by  each  of  the 
directors  of  such  school  district.  Said  certificate  shall  set  forth  the 
date  of  the  election  at  which  the  people  authorized  the  issuance  of  the 
bonds,  and  shall  state  the  class,  date,  number,  amount,  rate  of  inter¬ 
est  and  date  of  maturity  of  the  bonds,  the  aggregate  equalized  value 
of  real  property,  and  the  aggregate  equalized  value  of  personal  prop¬ 
erty  assessed  in  such  locality,  for  Hie  previous  year,  together  with  any 
other  information  in  relation  thereto,  which  may  be  demanded  by  the 
auditor  of  public  accounts. 


186.  Auditor  to  certify  rate  required.]  §  5  When  the  bonds, 
or  other  evidences  of  indebtedness,  of  any  county,  city,  town,  town¬ 
ship,  school  district  or  other  municipal  corporation,  shall  be  so  regis- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


55 


tered,  the  auditor  ot  public  accounts  shall  annually  ascertain  the 
amount  of  principal  and  interest  due  and  accrued,  and  to  accrue,  for 
the  current  year,  on  nil  such  bonds  and  evidences  of  indebtedness,  so 
registered  in  his  office,  and  shall  upon  the  basis  of  the  certificate  of 
the  valuation  of  property  to  be  transmitted  to  him.  as  aforesaid,  or,  in 


case  no  such  certificate  shall  be  transmitted  to  him  or  filed  in  his 
office,  then  upon  the  basis  of  the  total  valuation  of  the  property  in 
such  county,  city,  town,  township,  school  district  or  other  municipal 
corporation,  for  the  year  next  preceding,  estimate  and  determine  the 
rate  per  centum,  upon  the  valuation  of  such  property,  requisite  to 
meet  and  satisfy  the  said  interest,  or  interest  and  principal,  as  the 
case  may  be,  together  with  the  ordinary  cost  to  the  state,  of  the 
collection  and  disbursement  of  the  same,  to  be  estimated  by  the  audi¬ 
tor  and  state  treasurer,  and  shall  make  and  transmit  to  the  county 
clerk  of  such  county,  oi  of  the  county  in  which  such  city,  town, 
township,  school  district,  or  other  municipal  corporation  is  situated, 
or  to  the  officer  or  authority  whose  duty  it  is,  or  may  be,  to  prepaie 
the  estimates  and  books  for  the  collection  of  state  taxes  in  such  coun¬ 
ty,  city,  town,  township,  school  district,  or  other  municipal  corpora¬ 
tion.  a  certificate  setting  forth  such  estimated  requisite  per  centum 
for  such  purposes,  to  be  filed  in  his  office;  and  the  said  per  centum 
shall  thereupon  be  deemed  added  to  and  a  part  of  the  per  centum 
which  is  or  may  be  levied,  or  provided  by  law,  for  the  purposes  of 
state  revenue,  and  shall  be  so  treated  by  such  clerk,  officer  or  author¬ 
ity  in  making  such  estimates  and  books  for  the  collection  of  state 
taxes:  and  the  said  taxes  shall  be  collected  with  the  state  taxes,  and 
all  laws  relating  to  the  state  revenue  shall  apply  thereto,  except  as 
herein  otherwise  provided:  Prodded ,  That  it  shall  be  lawful  for  the 
county  collector  at  any  time  before  settlement  with  the  state  treas¬ 
urer  to  pay  from  such  taxes,  any  coupons  that  are  due  for  interest 
that  may  be  presented  for  payment,  and  to  pay  from  any  surplus,  not 
required  for  interest  purposes,  the  principal  of  any  such  bond  that 
may  be  presented  for  payment,  whether  due  or  not,  and  in  settlement 
with  the  state  treasurer,  the  county  collector  shall  be  credited  with 
such  paid  coupons  and  bonds  the  same  as  money.* 


187.  State  custodian — collection — payment .]  §  6.  The  state 
shall  be  deemed  the  custodian  only  of  the  tax  so  collected,  and  shall 
not  be  deemed,  in  any  manner,  liable  on  account  of  such  bonds,  or 
other  evidences  of  indebtedness;  but  'the  tax  and  funds  so  collected 
shall  be  deemed  pledged  and  appropriated  to  the  payment  of  the> 
principal  and  interest  of  the  registered  bonds,  and  evidences,  of  in¬ 
debtedness,  to  satisfy  which,  the  same,  is  hereinbefore  provided  to  be 
collected,  as  aforesaid,  and  such  new  bonds  and  evidences  of  indebt¬ 
edness,  issued  under  the  authority  hereof,  shall  be  deemed  secured 
and  provided  for,  in  virtue  and  faith  hereof,  until  fully  satisfied.  The 
state  shall  annually  collect  and  apply  the  said  fund  to  the  satisfac¬ 
tion  of  the  interest,  or  interest  and  portion  of  the  principal,  as  the 
case  may  be,  of  such  registered  bonds,  or  evidences  of  indebtedness, 


56 


STATUTES  RELATING  TO  THE  MUNICIPAL 


of  any  such  county,  city,  town,  township,  school  district,  or  other 
municipal  corporation,  to  the  extent  the  same  is  herein  contemplated 
to  be  derived  from  such  tax,  in  the  same  manner  as  the  interest  on 
the  bonds  of  the  state  is.  or  may  be  collected,  or  paid,  and  in  like 
moneys  as  shall  be  receivable  in  payment  of  state  taxes;  and  moneys 
so  paid  upon  the  principal  of  any  such  bonds,  or  evidences  of  indebt¬ 
edness,  shall  be  endorsed  thereon,  and  due  receipts  therefor  shall  be 
taken  and  filed  in  the  office  of  the  auditor  of  public  accounts,  or  state 
treasurer,  and  interest  coupons,  or  bonds  or  other  evidences  of  in¬ 
debtedness,  so  paid,  sail  be  returned  to  one  of  said  officers,  and  shall 
be  canceled  and  returned  to  the  corporate  authorities  of  the  munici¬ 
pality  which  issued  the  same,  in  the  manner  now  provided  by  law. 

188.  How  money  disbursed.  J  §  7.  The  state  may,  out  of  such 
fund,  first  retain  or  satisfy  the  ordinary  cost  to  the  state,  ot  the  col¬ 
lection  and  disbursement  thereof;  and  in  case  of  the  non-presentment 
of  any  such  bond,  or  evidence  of  indebtedness,  or  interest  coupon  of 
any  such  county,  city,  town,  township,  school  district,  or  other  muni¬ 
cipal  corporation,  for  payment,  at  the  times  and  when  and  where  the 
interest  on  the  state  debt  is,  or  may  be  paid,  then,  on  the  beginning 
ot  the  next  year,  the  moneys  by  reason  thereof  undisbursed,  together 
with  any  surplus  for  any  cause  remaining,  shall  be  carried  to  the 
fund  of  such  county,  city,  town,  township,  school  district  or  other 
municipal  corporation  of  the  current  or  ensuing  year,  and  be  consid¬ 
ered  by  the’auditor  in  making  his  next  estimate  for  taxation  therein 
for  such  year  under  this  act,  and  shall  he  applied  accordingly. 
All  laws  relating  to  the  payment  of  interest  on  the  state  debt,  or  the 
cancellation  of  the  evidence  thereof,  not  inconsistent  with  this  act. 
shall  apply  to  the  receipt,  custody  and  disbursement  of  the  taxes  and 
funds  provided  by  this  act. 

189.  When  registered  bonds  mature  and  are  not.  paid. J  §  8. 
Upon  the  maturity  of  such  registered  bond,  or  other  evidence  of  in¬ 
debtedness,  and  the  non-payment  thereof  by  the  county,  city,  town, 
township,  school  district,  or  other  municipal  corporation  issuing  the 
same,  the  holder  thereof  may  cause  the  same  to  be  registered  in  the 
office  of  the  auditor,  as  a  matured  or  unsatisfied  bond,  or  evidence  of 
indebtedness,  and  thereupon,  for  the  purpose  of  providing  for  the  pay¬ 
ment  of  the  principal  thereof,  at  the  rate  of  five  per  centum  of  such 
principal,  annually,  and  of  the  interest  thereon  in  arrear,  and  for  the 
current  }Tear  to  accrue,  together  with  the  cost  to  the  state  of  the  col¬ 
lection  and  disbursement  thereof,  as  aforesaid;  the  same  proceedings 
in  all  respects,  shall  be  had  as  is  hereinbefore  provided,  for  the  pay¬ 
ment  of  the  interest  on  such  bonds  and  evidences  of  indebtedness,  t  v 
the  collection  of  an  annual  tax  sufficient  for  the  purposes  in  the  sec¬ 
tion  don tem plated;  and  the  same  shall  be  collected  and  applied,  as 
aforesaid,  to  such  purpose,  from  year  to  year,  until  the  full  satisfac¬ 
tion  thereof,  when  such  bonds  or  evidence  of  indebtedness  shall  be 
canceled  and  returned,  as  hereinbefore  provided. 

190.  Entry  of  payment.]  §  9.  Upon  the  payment  of  any  such 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


57’ 


registered  bond,  or  evidence  of  indebtedness,  and  presentation  thereof  to 
the  auditor,  he  shall  cause  due  entry  thereof  to  be  made  in  his  office. 

191.  Fees — collectors  bond]  §  10.  There  shall  be  allowed  to 
the  otficers  collecting  and  paying  over  the  taxes  authorized  to  be  col¬ 
lected  under  the  provisions  of  this  act,  the  same  fees,  or  compensation, 
as  is  or  may  be  allowed  by  law  for  collecting  and  paying  over  state 
taxes,  and  where  such  tax  is  levied,  the  bonds  of  the  collectors  thereof 
shall  be  increased  in  proportion  to  the  estimated  amount  of  such  tax 
to  be  collected. 

192.  Bonds — by  whom  executed .]  §  11.  All  bonds  issued  under 

this  act  shall  be  executed  on  behalf  of  the  municipalities  issuing  the 
same,  by  the  fojlowing  named  officers,  viz:  On  behalf  of  counties  un¬ 
der  the  township  organization  laws  of  this  state,  by  the  chairman  of 
the  board  of  supervisors,  and  the  clerk  of  the  county  court  attesting 
the  same  with  his  signature  and  official  seal.  On  behalf  of  counties 
not  under  township  organization,  by  the  acting  chairman  of  the 
board  of  county  commissioners,  together  with  the  clerk  of  the  county 
court  attesting  the  same  with  his  signature  and  official  seal.  On  be¬ 
half  of  cities,  by  the  mayor  and  city  clerk,  together  with  the  seal  of 
the  city;  on  behalf  of  towns  organized  under  the  township  organiza¬ 
tion  law  of  this  state,  by  the  supervisor  or  supervisors  of  such  town 
(as  the  case  may  be)  and  the  town  clerk  of  such  towns.  On  behalf  of 
all  other  municipalities  hereinbefore  mentioned,  by  the  president, 
chairman,  or  chief  executive  officer  thereof,  together  with  the  clerk 
or  secretary  thereof.  Provided ,  that  nothing  herein  contained  shall 
be  so  construed  as  to  authorize  the  officers  herein  mentioned  to  issue 
bonds  under  this  act,  except  upon  a  majority  vote  of  the  voters,  as 
h erei n before  provided . 

AN  ACT  to  enable  counties,  cities,  townships,  school  districts,  and  other  municipal 

corporations,  to  take  up  and  cancel  outstanding  bonds  and  other  evidences  of 

indebtedness,  and  fund  the  same  [Approved  and  in  force  March  26,  1872. J 

193.  New  bonds  for  old  indebtedness.]  §  1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois ,  represented  in  the  General  Assembly , 
That  in  all  cases  where  any  county,  city,  town,  township,  school  dis¬ 
trict,  or  other  municipal  corporation,  have  issued  bonds  or  other  evi¬ 
dences  of  indebtedness  for  money,  on  account  of  any  subscription  to 
the  capital  stock  of  any  railroad  company,  or  an  account  of,  or  in  aid 
of  any  public  buildings  or  other  public  improvement,  or  for  any  other 
purposes  which  are  now  binding  or  subsisting  legal  obligations 
against  any  county,  city,  town,  township,  school  district,  or  other 
municipal  corporations,  and  remaining  outstanding,  and  which  are 
properly  authorized  by  law,  the  proper  authorities  of  any  such  county, 
city,  town,  township,  school  district  or  other  municipal  corporations 
may,  upon  the  surrender  of  any  such  bonds,  or  other  evidences  of 
indebtedness,  or  any  number  thereof,  issue  in  place  or  in  lieu  thereof 
to  the  holders  or  owners  of  the  same,  new  bonds  or  other  evidences 
ot  indebtedness,  in  such  form,  lor  such  amount,  upon  such  time,  not 
exceeding  the  term  of  twenty  years,  and  drawing  such  rate  of  inter- 


58 


STATUTES  RELATING  TO  THE  MUNICIPAL 

•  •• ~  v  •  '  l  ■  I 

est,  not  exceeding  ten  per  cent .,  as  may  be  agreed  upon  with  snch 
holders  or  owners:  and  such  new  bonds  or  other  evidences  of  indebt¬ 
edness,  so  issued,  shall  show  on  their  face  that  they  are  issued  under 
this  act:  Provided,  that  the  issue  of  such  new  bonds  in  lieu  of  such 
indebtedness,  shall  first  be  authorized  by  a  vote  of  a  majority  of  the 
legal  voters  of  such  county,  city,  town,  township,  school  district  or 
other  municipal  corporation,  voting  either  at  some  annual  or  special 
election  of  such  municipal  corporation;  And.  provided,  further,  that 
such  bonds  or  other  evidences  of  indebtedness,  shall  not  be  issued  so 
as  to  increase  the  aggregate  indebtedness  of  such  municipal  corpora¬ 
tion  beyond  five  per  centum  on  the  value  of  the  taxable  property 
therein — to  be  ascertained  by  the  last  assessment  for  state  and  county 
taxes,  prior  to  the  issuing  ot  such  bonds  or  other  evidences  of  indebt¬ 
edness.  Nothing  contained  in  this  act,  or  in  the  act  to  which  this  is 
an  amendment,  shall  be  held  to  repeal  or  in  anywise  affect  the  power 

of  the  city  of  Monmouth  to  issue  new  bonds  to  an  amount  sufficient 
%/ 

to  retire  and  satisfy  maturing  bonds  of  said  city,  conferred  by  Section 
38  of  an  act  of  the  general  assembly,  approved  February  13.  1863, 
amending  the  charter  of  said  city. 

191.  Emergen  eg.]  §  2.  Whereas,  some  counties,  cities,  town¬ 
ships  and  other  municipal  corporations  in  this  state,  have  outstanding 
bonds  and  other  evidences  of  indebtedness  that  will  soon  fall  due,  and 
are  without  any  remedy  for  renewing  or  funding  the  same,  therefore 
this  act  shall  be  in  force  from  and  after  its  passage. 


OFFICIAL  BONDS. 

AN  ACT  to  revise  the  law  in  relation  to  official  Bonds.  [Approved  March  13,  1874.  In 

force  July  1,  1874.] 

195.  When  additional  or  new  bonds  mag  he  required.  /  §  1.  Be. 

it  enacted  by  the  People  of  the  State  of  Illinois,  represented \  in  the  Gen¬ 
eral  Assembly.  That  all  official  bonds  required  by  law  to  be  given  by 
anv  public  officer,  or  public  employe,  including  executor,  adminis¬ 
trator,  guardian  or  conservator,  in  this  state,  shall  be  signed  and 
sealed  by  any  said  officer,  employe,  executor,  administrator,  guardian 
or  conservator  and  his  securities,  and  acknowledged  before  some  offi¬ 
cer  authorized  by  law  to  take  acknowledgments  of  instruments  under 
seal,  which  said  acknowledgments  shall  be  substantially  in  the  follow¬ 
ing  form: 

State  of  Illinois,  ) 

^ss. 

.  County.  \ 

I . hereby  certify  that . who  are  each  personally  known  to 

me  to  he  the  same  persons  v  hose  names  are  subscribed  to  the  foregoing  instrument, 
appeared  before  me  this  day  in  person  and  acknowledged  that  they  signed,  sealed 
and  delivered  said  instrument  asU heir  free  and  voluntary  act  for  the  uses  and  purposes 
therein  set  tort  h. 

Given  under  my  hand  and . seal  this . day  of . A.  D _ 

Which  acknowledgment  shall  be  deemed  and  taken  as  prime/ 
facie  evidence  that  the  instrument  was  signed,  sealed  and  acknowl- 


59 


GOVERNMENT  rOF  THE  CITY  OF  MONMOUTH. 

b 

edged  in  the  manner  therein  set  forth,  and  such  acknowledgments 
shall  have  the  same  force  and  effect  as  evidence  in  all  legal  proceed¬ 
ing-!,  as  th  it  given  to  acknowledgments  of  deeds  of  conveyance  of  real 
estate.  That  all  public  officers  or  employes  who  are  compelled  to 
give  official  bonds  may  be  required  by  the  court,  officer,  or  board, 
whose  duty  it  is  to  take  or  approve  such  bonds,  to  give  additional 
surety  or  new  bonds  whenever  the  security  of  the  original  bond  has 
become  insufficient  by  the  subsequent  insolvency,  death  or  removal 
of  the  sureties  or  any  of  them,  or  when  for  any  cause  any  such  bond 
shall  be  deemed  insufficient.  Any  officer  or  employe  failing  to  give 
bond  when  required,  pursuant  to  this  section,  within  ten  days  alter 
he  is  notified  in  writing  of  such  request,  shall  be  deemed  to  have 
vacated  his  office. 

*  *  *  *  *  *  *  *  * 

196.  Release  of  sureties .  /  §  10.  When  a  surety  upon  the  offi¬ 
cial  bond  of  any  state  officer  or  agent,  county,  town,  city,  village, 
incorporated  town,  or  other  public  officer,  or  the  heir,  executor  or 
administrator  of  such  surety,  desires  to  be  released  from  such  bond, 
he  may  give  notice  in  writing  to  the  officer  upon  whose  bond  he  is 
surety  that  he  desires  to  be  so  released,  and  that  such  officer  give  a 
new  bond  with  sufficient  sureties  within  ten  days  after  receiving  such 
notice,  and  mav  within  five  days  after  the  service  of  such  notice  deliv¬ 
er  a  copy  of  the  same,  with  an  affidavit  showing  the  time  and  manner 
of  service  to  the  court,  officer,  or  board  authorized  to  approve  the 
bonds  of  such  officers.  And  if  such  officer  shall  not  within  ten  days 
after  receiving  such  notice,  or  within  such  further  time,  not  exceed¬ 
ing  twenty  days,  as  the  court,  officer  or  board  shall  allow,  give  a  new 
bond  with  sufficient  security,  approved  as  required  by  law,  his  office 
shall  become  vacant,  and  the  vacancy  shall  be  filled  as  provided  by 
law. 

197.  Effect  of  new  bond./  §  11.  If  a  new  bond  shall  be  given 
by  any  officer,  as  provided  in  the  foregoing  sections  of  this  act,  then 
the  former  sureties  shall  be  entirely  released  and  discharged  from  all 
liabilities  incurred  by  any  such  officer  in  consequence  of  business 
which  may  have  come  to  hand  from  and  after  the  time  of  the  ap¬ 
proval  of  the  said  new  bond,  and  the  sureties  to  the  new  bond  are 
hereby  declared  to  be  liable  for  all  the  official  delinquencies  of  said 
officer,  whether  of  omission  or  commission,  which  may  occur  after 
the  approval  of  the  new  bond  as  aforesaid;  but  the  provisions  of  this 
act  shall  not  be  so  construed  as  to  operate  as  a  release  of  the  sureties 
of  any  of  the  aforesaid  officers,  for  liabilities  incurred  previous  to  the 
filing  of  a  new  bond,  as  required  in  the  loregoing  sections  ot  this  act. 

19S.  When  effects  to  be  delivered,  to  sureties.]  §  12.  It  shall  be 
the  duty  of  such  officer,  if  he  shall  fail  to  give  bond  as  provided  lor 
in  this  act,  forthwith  to  deliver  over  to  his  sureties  all  books,  moneys, 
vouchers,  papers,  and  every  description  of  property  whatever  pertain¬ 
ing  to  his  office,  and  the  said  sureties  may,  at  any  time  after  said 


STATUTES  RELATING  TO  THE  MUNICIPAL 


60  • 

failure  to  file  said  bond,  maintain  an  action  of  replevin,  or  other  .ap¬ 
propriate  action,  to  recover  such  property,  money  or  effects  from  their 
said  principal. 

199.  Suit  on  bond — executors ,  etc.]  §  13.  Whenever  the  con¬ 
dition  of  the  bond  of  any  public  officer  shall  be  violated,  suit  may  be 
instituted  on  such  bond,  and  prosecuted  to  final  judgment  against 
such  officer,  and  any  or  all  of  the  sureties,  or  against  one  or  more  ot 
them,  jointly  and  severally,  without  first  establishing  the  liability  of 
the  principal  by  obtaining  judgment  against  him  alone.  The  pro¬ 
visions  of  this  section  shall  extend  to  the  official  bonds  of  executors, 
administrators,  guardians  and  conservators,  and  in  suits  thereon  it 
shall  not  be  necessary  to  a  recovery  that  a  devastavit  should  have 
previously  been  established  against  the  principal. 

200.  Execution — lien.]  §  14.  Execution  may  issue  tm  any 
judgment  so  rendered  as  in  ordinary  cases,  but  the  officer  executing 
the  same  shall  not  levy  upon  the  property  of  the  sureties  until  he 
shall  fail  to  find  sufficient  property  ot  the  principal  to  satisfy  such 
execution:  Provided ,  however ,  the  judgment  and  execution  shall  be 
a  lien  upon  the  property  of  the  sureties  as  in  ordinary  cases. 


SALOON  BONDS. 

AN  ACT  to  provide  for  the  licensing  of,  and  against  the  evils  arising  from  the  sale  of 
intoxicating  liquors.  [Approved  March  30,  1874.  In  force  July  1,  1874. 1 

^  >1^  *1/  ^  ^  ^ 

a'  a'  a' 

201.  Bond — liow  taken — suit  on ./  §5,  No  person  shall  be 

licensed  to  keep  a  dram  shop,  or  to  sell  intoxicating  liquors,  by  any 
county  board,  or  the  authorities  of  any  city,  town  or  village,  unless 
he  shall  first  give  bond  in  the  penal  sum  of  $3,000,  payable  to  the 
people  of  the  state  of  Illinois,  with  at  least  two  good  and  sufficient 
sureties,  freeholders  of  the  county  in  which  the  license, is  to  be 
granted,  to  be  approved  by  the  officer  who  may  be  authorized  to  issue 
the  license,  conditioned  that  he  will  pay  to  all  persons  all  damages 
that  they  may  sustain,  either  in  person  or  property,  or  means  of  sup¬ 
port,  by  reason  of  the  person  so  obtaining  a  license  selling  or  giving 
away  intoxicating  liquors.  The  officer  taking  such  bond  may 
examine  any  person  offered  as  security  upon  any  such  bond,  under 
oath,  and  require  him  to  subscribe  and  swear  to  his  statement  in 
regard  to  his  pecuniary  ability  to  become  such  security.  Any  bond 
taken  pursuant  to  this  section  may  be  sued  upon  for  the  use  of  any 
person,  or  his  legal  representatives,  who  may  be  injured  by  reason  of 
the  selling  or  giving  away  any  intoxicating  liquor  by’  the  person  so 
licensed,  or  byr  his  agent  or  servant. 


BRIDGES. 

AN  ACT  to  enable  cities  and  villages  to  build,  acquire  and  maintain  bridges  and  ferries 
outside  of  their  corporate  limits,  and  to  control  the  same.  [Approved  and  in 
force  May  5,  1879.] 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


61 


202.  May  construct  ferries  and  bridges.]  §  1.  Be  it  enacted  by 
the  People  of  the  State  or  Illinois ,  represented  in  the  General  Assem¬ 
bly,  That  it  sluil  1  be  lawful  for  any  city  or  village  within  this  state 
to  build  or  acquire  by  purchase,  lease  or  gift,  and  to  maintain  ferries 
and  bridges,  and  the  approaches  thereto,  for  each  ferry  or  bridge 
within  the  corporate  limits,  or  at  any  point  within  live  miles  of  the 
corporate  limits  of  such  city  or  village.  That  all  such  ferries  and 
bridges  shall  be  free  to  the  public,  and  that  no  toll  shall  ever  be  col¬ 
lected  by  any  such  city  or  village  authority. 


203.  Control  by  city.  I  §2.  Every  bridge  and  ferry  so  owned 
or  controlled  by  such  city  or  village,  and  the  approaches  thereto, 
when  outside  the  corporate  limits,  shall  be  subject  Lo  the  municipal 
control  and  ordinances  of  such  city  or  village,  the  same  to  all  intents 
and  purposes,  and  in  effect  as  though  such  bridge  or  ferry  and  the 
approaches  thereto,  were  situated  within  the  corporate  limits  of  such 
city  or  village,  and  in  such  case,  the  county  may  assist  in  the  con¬ 
struction  of  said  bridge,  as  is  now  provided  by  law. 


204.  Emergency.]  §  3.  Whereas ,  certain  cities  in  this  state 
have  built  bridges  outside  of  their  corporate  limits,  over  which  they 
have  no  police  control;  therefore  an  emergency  exists,  and  this  act 
shall  be  in  force  from  and  after  its  passage, 

AN  ACT  to  regulate  the  manner  of  travel  upon  bridges,  the  whole  or  a  part  of  which 
are  owned  or  controlled  by  cities,  villages  and  towns  of  this  state,  and  to  provide 
for  the  enforcing  of  the  same.  [Approved  and  in  force  May  13,  1879.] 

205.  Penalty  for  fast1  driving,  etc.]  §  1.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois ,  represented  in  the  General  Assembly , 
That  whoever  shall  ride  or  drive  faster  than  a  walk,  over  any  bridge 
in  this  state,  owned  or  controlled,  either  the  whole  or  a  part  thereof, 
by  any  city,  village  or  town  of  this  state,  shall  for  each  offense,  be 
fined  in  a  sum  not  exceeding  ten  dollars  nor  less  than  one  dollar: 
Provided,  that  a  notice  shall  be  posted  on  such  bridge,  warning 
against  riding,  or  driving,  on  such  bridge  faster  than  a  walk,  such 
fine  to  be  recovered,  with  costs,  before  any  justice  of  the  peace  or 
police  magistrate  of  the  county  where  the  offense  is  committed,  upon 
sworn  complaint  in  writing,  upon  which  a  warrant  for  the  arrest  of 
the  offender  shall  issue,  and  it  shall  be  the  duty  of  every  constable  of 
the  county,  and  every  marshal,  policeman  and  police  constable,  and 
all  other  officers  of  such  city,  village  or  town,  owning  or  controlling 
the  whole  or  in  part  such  bridge,  having  the  power  to  make  arrests, 
whenever  aforesaid  offense  is  committed  in  the  view  of  such  officer  or 
officers,  to  forthwith  take  in  custody  the  person  or  persons  so  com¬ 
mitting  aforesaid  offense,  and  bring  him  or  them  before  any  justice 
of  the  peace  or  police  magistrate  of  the  county,  to  be  dealt  with 
according  to  law,  and  such  officer  so  taking  in  custody  such  offender, 
or  any  officer  of  such  city,  village  or  town,  owning  or  controlling  the 
whole  or  a  part  of  such  bridge  where  such  offense  is  committed,  may 
make  the  complaint  upon  which  warrant  shall  issue  against  the 
offender,  all  fines  collected  under  this  act  shall  be  paid  into  the  com- 


62 


STATUTES  RELATING  TO  THE  MUNICIPAL 


mon  school  fund  of  the  county.  Whereas ,  the  law  is  inadequate  for 
the  protection  of  bridges  which  are  owned  or  controlled,  the  whole 
or  part  thereof,  by  cities,  villages  and  towns  of  this  state,  therefore 
an  emergency  exists,  and  this  act  shall  take  effect  from  and  after  its 
passage. 


CEMETERIES. 

AN  ACT  to  provide  for  the  removal  of  cemeteries.  [Approved  April  24,  1873.  In  force 

July  1,  1873.] 

206.  When  cemetery  may  be  removed — expense .]  §  1.  Be  it  en¬ 

acted  by  the  People  of  the  State  of  Illinois ,  represented  in  the  General 
Assembly ,  That  whenever  any  cemetery  shall  be  embraced  within  the 
limits  of  any  town  or  city,  it  shall  be  lawful  for  the  corporate  author¬ 
ities  thereof,  if,  in  their  opinion,  any  good  cause  exists  why  such 
cemetery  should  be  removed,  to  cause  the  remains  of  all  persons 
interred  therein  to  be  removed  to  some  other  suitable  place:  Pro¬ 
vided ,  said  corporate  authorities  shall  have  first  obtained  the  assent  of 
the  trustees  or  other  persons  having  the  control  or  ownership  of  said 
cemetery,  or  a  majority  thereof:  And,  provided  farther ,  that  when 
such  cemetery  is  owned  by  one  or  more  private  parties,  or  private 
corporation  or  chartered  society,  the  corporate  authorities  of  such 
town  or  city  may  require  the  removal  of  such  cemetery  to  be  done  at 
the  expense  of  such  private  parties,  or  private  corporation  or  char¬ 
tered  society,  if  such  removal  be  based  upon  their  appli  at  ion. 

AN  ACT  to  enable  cities  and  villages  to  establish  and  regulate  cemeteries.  [Approved 

March  24,  1874.  In  force  July  1,  1874.] 

207.  Power  of  city  or  villa  ye  to  establish — acquire  lands.]  §  1. 
Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in  the 
General  Assembly ,  That  any  city,  village,  or  township  in  this  state, 
may  establish  and  maintain  cemeteries  within  and  without  its  corpo¬ 
rate  limits,  and  acquire  lands  therefor,  by  purchase,  condemnation,  or 
otherwise;  and  may  lay  out  lots  of  convenient  size  for  families;  and 
may  sell  lots  for  family  burying  grounds,  or  to  individuals  for  burial 
purposes. 


CITY— CHANGING  NAME. 

AN  ACT  to  enable  any  city,  town  or  village  in  this  state  to  change  its  name.  [Ap¬ 
proved  March  7,  1872.  In  force  July  1,  1872.] 

208.  Petition.]  §  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois ,  represented  in  the  General  Assembly ,  That  whenever  a  peti¬ 
tion  signed  by  the  qualified  electors  of  any  city,  incorporated  town, 
or  incorporated  village  of  this  state,  equal  in  number  to  one-half  of 
those  who  voted  for  the  officers  therein  at  the  last  election,  shall  he 
presented  to  the  corporate  authorities  of  such  city,  town  or  village, 
praying  that  the  name  of  such  city,  town  or  village  may  be  changed, 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH.  63 

it  shall  be  lawful  for  such  corporate  authorities  to  make  such  change 
iii  the  manner  hereinafter  prescribed. 

209.  Proceedings.]  §  2.  Previous  to  the  presentation  of  the 
petition  in  the  preceding  section  mentioned,  the  name  proposed  to  be 
given  to  such  city,  town  or  village  shall  be  filed  in  the  office  of  the 
secretary  of  state,  to  lie  there  retained  for  the  period  of  at  least  sixty 
days,  and  upon  application,  the  secretary  of  state  shall,  at  any  time 
after  the  filing-  of  such  name,  grant  a  certificate,  stating  that  such 
name  has  not  been  given  to  any  other  city,  incorporated  town,  or  in¬ 
corporated  village,  or  municipality  in  this  state,  if  such  be  the  fact; 
but  if  such  name  has  been  adopted  by  any  other  city,  town,  village 
or  municip  ility,  as  appears  from  information  in  his  office,  the  secre¬ 
tary  of  state  shall  so  notify  the  party  or  parties  making  such  applica¬ 
tion,  in  which  case  another  name  shall  be  filed  in  his  office,  which 
name  shall  likewise  remain  for  the  like  period  of  sixty  days ;  and  no 
petition  shall  be  acted  upon  by  said  corporate  authorities  unless  ac¬ 
companied  by  the  certificate  of  the  secretary  of  state,  settling  forth 
that  such  name  has  not  been  adopted  elsewhere  in  this  state. 

210.  Duties  of  secretary  of  state.]  §  3.  The  secretary  of  state 
shall,  as  soon  as  practicable  after  the  passage  of  this  act,  communicate 
with  the  clerks  of  the  several  counties  of  this  state,  and  ascertain  the 
names  of  all  the  cities,  towns,  villages  or  other  municipal  corpora¬ 
tions  therein,  and  arrange  such  names  in  alphabetical  order  for  con¬ 
venient  reference.  Such  lists  of  names  shall  be  kept  filed  in  his  office', 
and  shall  be  changed  whenever  a  change  of  names  shall  be  effected 

o  o 

under  the  provisions  of  this  act. 

211.  Time  of  hearing  to  he  fixed — notice. J  §  4.  At  any  meet¬ 
ing  of  the  corporate  authorities  of  any  city,  incorporated  town  or 
incorporated  village,  after  presentation  of  the  petition  herein  pro¬ 
vided,  such  corporate  authorities  shall  fix  the  time  when  such  petition 
shall  be  considered,  and  order  notice  of  the  presentation  thereof  to  be 
given,  by  publishing  such  notice  for  three  successive  weeks  in  some 
newspaper  having  a  general  circulation  in  such  cit}T,  town  or  village. 
Such  notice  shall  state  that  a  change  of  the  name  of  such  city,  town 
or  village  has  been  prayed  for,  and  the  time  when  action  on  said  peti¬ 
tion  will  be  had,  at  which  time  remonstrances,  if  any,  will  be  heard. 

212.  Hearing  petition  and  remonstrances. J  §  5.  At  the  time 
fixed  in  the  notice  provided  for  in  the  preceding  section,  or  if,  from 
any  cause,  action  thereon  is  not  taken,  such  petition  praying  for  a 
change  of  name  shall  be,  with  all  remonstrances,  heard  at  any  subse¬ 
quent  meeting  of  the  corporate  authorities  of  any  such  city,  town  or 
village;  and  if  said  corporate  authorities  are  satisfied  that  such  change 
of  name  is  necessary  and  proper,  they  shall  thereupon  make  an  order 
changing  the  name  of  such  city,  town  or  village,  and  adopting  the 
name  prayed  for  in  such  petition. 

213.  Order  filed,  with  secretary  of  state — notice. J  §6.  If.  said 


64 


STATUTES  RELATING  TO  THE  MUNICIPAL 


change  of  name  is  made,  said  corporate  authorities  shall  cause  a  copy 
of  the  order  making  such  change  to  be  tiled  in  the  office  of  the  secre¬ 
tary  of  state,  who  shall  thereupon  make  known  the  fact  of  such 
change,  by  publication  in  some  newspaper  of  the  county  in  which 
such  city,  town  or  village  is  situated,  and  also  m  some  newspaper  in 
the  city  of  Chicago;  and  all  the  courts  of  this  state  shall  take  judicial 
notice  of  the  change  thus  made. 

214.  Rights  saved.']  §  7.  Nothing  in  this  act  contained  shall 
affect  the  rights  or  privileges  of  such  city,  town  or  village,  or  those 
of  any  person,  as  the  same  existed  before  such  change  oi  name.  And  . 
all  proceedings  pending  in  any  court  or  place  in  favor  of  or  against 
said  city,  town  or  village,  may  be  continued  to  final  consummation 
under  the  name  in  which  the  same  was  commenced. 

215.  When  change  void.]  §  8.  It  the  name  of  any  such  city, 
town  or  village  shall  be  changed  contrary  to  or  without  complying 
with  the  provisions  oi  this  act,  such  change  shall  be  void;  and  all 
proceedings  instituted  or  acts  done  in  such  name  as  changed,  shall  be 
void  and  held  for  naught  in  the  courts  of  this  state. 

216.  Xante  of  unincorporated  town ,  etc.]  §  9.  When  the  plat 
of  any  unincorporated  town  or  village  shall  be  placed  upon  record  in 
any  county  of  this  state,  the  circuit  court  of  said  county  shall  have 
power,  at  any  regular  term  of  said  court,  to  change  the  name  of  such 
unincorporated  town  or  village,  upon  the  petition  of  a  majority  of 
the  legal  voters  residing  within  the  limits  of  such  town  or  village: 
Provided,  notice  of  the  proposed  change  of  name  shall  be  filed  in  the 
office  of  the  secretary  of  state,  as  provided  in  section  two  of  this  act. 


AN  ACT  to  authorize  county  boards  in  counties  under  township  organization  to  or¬ 
ganize  certain  territory  situated  therein  as  a  town.  [Approved  May  23  1877.  In 
force  J  uly  1,  1877. 

217.  Territory  of  cit y  organized  as  town.]  §  1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois ,  represented  in  the  General 
Assembly,  That  the  county  board,  in  any  county  under  township 
organization,  may  provide  that  the  territory  embraced  within  any 
city  in  such  county  shall  be  organized  as  a  town:  Provided,  such 
territory  shall  have  a  population  of  not  less  than  three  thousand: 
And,  provided,  the  city  council  in  such  city  shall,  by  resolution, 
request  such  action  by  the  county  board. 

218.  Town  in  city.]  §  2.  The  territory  of  any  city  now  organ¬ 
ized,  within  the  limits  of  any  county  under  township  organization, 
and  not  situated  within  any  town,  shall  be  deemed  to  be  a  town. 

219.  Election  of  officers. J  §  3.  All  town  officers  within  any 
town  organized  as  aforesaid,  shall  be  elected  at  the  annual  charter 
election  of  such  city.  All  general  elections  held  in  such  city  and 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


65 


town,  shall  be  held  at  the  same  voting  places  as  the  city  elections, 
with  judges  and  clerks  appointed  in  like  manner  as  for  the  city  elec¬ 
tions. 

220.  Powers  exercised  by  council .]  §  4.  The  powers  vested  in 

such  town  shall  be  exercised  by  the  city  council. 

221:  What  city  council  may  provide.']  §5.  The  city  council 
in  such  city  and  town  may,  by  ordinance,  provide  that  the  officers  of 
city  and  town  clerk  shall  be  united  in  the  same  person;  that  the  elec¬ 
tion  of  highway  commissioners  shall  be  discontinued;  that  the  offices 
of  supervisor  and  poormaster  shall  be  separated,  and  the  poormasier 
appointed  by  the  city  council.  s 

222.  May  regulate  the  number  of  justices.]  §  6.  The  city  coun¬ 
cil  in  such  city  and  town  may,  from  time  to  time,  regulate  the  num¬ 
ber  of  justices  of  the  peace,-  police  magistrates  and  constables  to  be 
elected  within  such  city  and  town;  but  the  number  elected  to  either 
of  such  offices  shall  not  exceed  the  number  allowed  by  law  to  ether 
towns  of  like  population. 

223.  Vacancies.  J  §  7.  Vacancies  in  any  of  the  town  offices 
within  such  city  and  town  may  be  filled  by  the  city  council. 


CRIMINAL  CODE. 

AN  ACT  to  revise  the  law  in  relation  to  criminal  jurisprudence.  [Approved  March  27* 

1874.  In  force  July  1,  1874.] 

SjC  sic  sjc 

224.  Duty  of  officers.]  §  2.  It  shall  be  the  duty  of  every  sheriff, 
coroner,  constable,  and  every  marshal,  policeman,  or  other  officer  of 
any  incorporated  city,  town  or  village,  having  the  power  of  a  sheriff 
or  constable,  when  any  criminal  offense  or  breach  of  the  peace  is  com¬ 
mitted  or  attempted  in  his  presence,  forthwith  to  apprehend  the 
offender  and  bring  him  before  some  justice  of  the  peace,  to  be  dealt 
with  according  to  law;  to  suppress  all  riots  and  unlawful  assemblies 
and  to  keep  the  peace,  and  without  delay  to  serve  and  execute  all 
warrants,  writs,  precepts  and  other  process  to  him  lawfully  directed. 


ELECTIONS. 

AN  ACT  to  provide  for  the  time  of  opening  and  closing  the  polls  during  elections 
of  cities,  towns  and  villages  in  this  state.  [Approved  May  29,  1879.  In  force  July 
1,  1879.] 

225.  Time  of  opening  and  closing  polls.]  §  1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois ,  represented  in  the  General  As¬ 
sembly.  That  in  all  city,  town  or  village  elections,  in  this  state,  the 


66 


STATUTES  RELATING  TO  THE  MUNICIPAL 


polls  shall  remain  open  from  eight  (8)  o'clock,  a.  m.,  until  seven  (7) 
o’clock,  p.  m.,  any  law  in  any  special  charter  to  the  contrary  notwith¬ 
standing. 

AN  ACT  relating  to  elections,  and  to  fix  tlie  time  for  holding  the  same,  in  cities  having 

the  same  territory  as  an  organized  township.  [Approved  May  6,  1870.  In  force 

July  1,  1870.  J 

226.  Elections.]  §  1.  Be  it  enacted  by  the  People  of  the  State 
of  Illinois,  represented  in  the  General  Assembly,  That  hereafter  the 
regular  charter  election  for  the  election  of  city  officers  of  any  city 
having  the  same  territory  as  an  organized  township,  shall  take  place 
on  the  same  day  provided  by  law  for  the  township  election,  to-wit: 
On  the  first  Tuesday  of  April,  anything  in  the  charter  of  such  city  to 
the  contrary  notwithstanding,  and  such  charter  and  township  elec¬ 
tions  may  be  conducted  in  all  respects  as  provided  in  and  by  an  act 
entitled  “An  Act  to  amend  section  seven  (7)  of  article  seven  (7)  of  an 
act  entitled  lAn  Act  to  revise  the  law  in  relation  to  township  organi¬ 
zation.'  ”  approved  and  in  force  March  4,  1874;  approved  and  in  force 
March  9,  1877.  Provided,  that  this  act  shall  not  be  so  construed  as 
to  require  any  city  to  hold  its  charter  .election  oftener  than  its  char¬ 
ter  may  prescribe. 


EVIDENCE. 

AN  ACT  in  regard  to  evidence  and  depositions  in  civil  cases.  [Approved  March  29, 

1872.  In  force  July  1,  1872.] 

********** 

227.  Records,  etc.,  of  cities,  etc— how  certified.']  §  14.  The 
papers,  entries,  records  and  ordinances,  or  parts  thereof,  of  any  city, 
village,  town  or  county,  may  be  proved  by  a  copy  thereof,  certified 
under  the  hand  of  the  clerk  or  the  keeper  thereof,  and  the  corporate 
seal,  if  there  be  any;  if  not,  under  his  hand  and  private  seal. 

********** 

228.  Form  of  certificate.]  §  16.  The  certificate  of  any  such 
clerk  of  a  court,  city,  village,  town,  county,  or  secretary,  clerk,  cash¬ 
ier,  or  other  keeper  of  any  such  papers,  entries,  records  or  ordinances, 
shall  contain  a  statement  that  such  person  is  the  keeper  of  the  same, 
and  if  there  is  no  seal,  shall  so  state. 

********** 

229.  Sworn  copies.]  §  18.  Any  such  papers,  entries,  records 
and  ordinances  may  be  proved  by  copies  examined  and  sworn  to  by 
credible  witnesses. 

230.  Penalty.]  §  19.  If  any  such  officer,  clerk,  secretary,  cash¬ 
ier,  justice  of  the  peace,  or  other  person  authorized  to  certify  copies 
of  any  papers,  entries,  records  or  ordinances,  shall  knowingly  make  a 
false  certificate,  he  shall  be  punishable  in  the  same  manner  as  if  he 
were  guilty  of  perjury. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


67 


HOUSES  OF  CORRECTION. 

AN  ACT  to  establish  houses  of  correction,  and  authorize  the  confinement  of  convicted 

persons  therein.  [Approved  April  25,  1871.] 

231.  Cities  Met))  establish.}  §  1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois ,  represented  in  the  General  Assembly ,  That 
it  shall  be  lawful  for  the  municipal  authorities  of  any  city  within  this 
state  to  establish  a  house  of  correction,  which  shall  be  used  for  the 
confinement  and  punishment  of  criminals,  or  persons  sentenced  or 
committed  thereto  under  the  provisions  of  this  act,  or  any  law  of  this 
state,  or  ordinance  of  any  city  or  village,  authorizing  the  confinement 
of  convicted  persons  in  any  such  house  of  correction. 

232.  Inspectors — appointment — term  of  office.]  §  2.  The  man¬ 
agement  and  direction  of  any  house  of  correction  already  established, 
or  which  may  hereafter  be  established  in  any  such  city,  shall  be 
under  the  control  and  authority  of  a  board  of  inspectors,  to  be  ap¬ 
pointed  for  that  purpose  as  in  this  section  directed.  The  mayor  of 
said  city  shall,  by  virtue  of  his  office,  be  a  member  of  said  board,  who. 
together  with  three  persons  to  be  appointed  by  the  mayor,  by  and 
with  the  advice  and  consent  of  the- legislative  authority  of  said  city, 
shall  constitute  the  said  board  of  inspectors.  The  term  of  office  for 
the  appointed  members  of  said  board  shall  be  three  years,  but  the 
members  first  appointed  shall  hold  their  office,  respectively,  as  shall 
be  determined  by  lot  at  the  first  meeting  of  said  board,  for  one,  two, 
and  three  years  from  and  after  the  first  Monday  in  May,  in  the  year 
of  our  Lord  1871,  and  thereafter  one  member  shall  be  appointed  each 
year  for  the  full  term  of  three  years; 

233.  Rules — employes — appropriations.]  §  3.  That  whenever 
a  board  of  inspectors  have  been  organized  as  in  section  second  of  this 
act  directed,  they  shall  have  power  and  authority  to  establish  and 
adopt  rules  for  the  regulation  and  discipline  ot  the  said  house  of  cor¬ 
rection,  for  which  they  have  respectively  been  appointed,  and,  upon 
the  nomination  of  the  superintendent  thereof,  to  appoint  the  subor¬ 
dinate  officers,  guards  and  employes  thereof;  to  fix  their  compensa¬ 
tion  and  prescribe  their  duties  generally;  to  make  all  such  by-laws 
and  ordinances  in  relation  to  the  management  and  government  there¬ 
of  as  they  shall  deem  expedient.  No  appropriation  of  money  shall  be 
made  by  the  said  board  of  inspectors  for  any  purpose  other  than  the 
ordinary  and  necessary  expenses  and  repairs  of  said  institution,  except 
with  the  sanction  of  the  legislative  authority  of  said  city. 

231.  Compensation  and  duties  of  inspectors — records.]  §  4. 
Said  inspectors  shall  serve  without  fee  or  compensation.  There  shall 
be  a  meeting  of  the  entire  board,  at  the  house  of  correction,  once  in 
every  three  months,  when  they  shall  fully  examine  into  its  manage¬ 
ment  in  every  department,  hear  and  determine  all  complaints  or 
questions  not  within  the  province  of  the  superintendent  to  determine 
and  make  such  further  rules  and  regulations  for  the  good  government 
of  said  house  of  correction  as  to  them  shall  seem  proper  and  neces- 


68 


STATUTES  RELATING  TO  THE  MUNICIPAL 


sary.  One  of  said  appointed  inspectors  shall  visit  the  said  house  of 
correction  once,  at  least,  in  each  month.  All  rules,  regulations  or 
other  orders  of  said  board  shall  be  recorded  in  a  book  to  be  kept  for 
that  purpose,  which  shall  be  deemed  a  public  record,  and,  with  the 
other  books  and  records  of  said  house  of  correction,  shall  be  at  all 
times  subject  to  the  examination  of  any  member  or  committee  of  the 
legislative  authority,  the  comptroller,  treasurer,  corporation  counsel 
or  attorney  of  any  such  city. 

235.  Books — quarterly  statement — accounts./  §5.  The  books 
of  said  house  ot  correction  shall  be  so  kept  as  to  clearl}7  exhibit  the 
state  of  the  prisoners,  the  number  received  and  discharged,  the  num¬ 
ber  employed  as  servants  or  in  cultivating  or  improving  the  premises, 
the  number  employed  in  each  branch  of  industry  carried  on,  and  the 
receipts  from,  and  expenditures  for,  and  on  account  of,  each  depart¬ 
ment  of  business,  or  for  improvement  of  the  premises.  A  quarterly 
statement  shall  be  made  out,  which  shall  specify  minutely,  all  re¬ 
ceipts  and  expenditures,  from  whom  received  and  to  whom  paid,  and 
for  what  purpose;  proper  vouchers  for  each,  to  be  audited  and  certified 
by  the  inspectors,  and  submitted  to  the  comptroller  of  said  city,  and 
by  him  to  the  legislative  authority  thereof,  for  examination  and 
approval.  The  accounts  of  said  house  of  correction  shall  be  annually 
closed  and  balanced  on  the  first  day  of  January  of  each  year,  and  a 
full  report  of  the  operations  of  the  preceding  year  shall  be  made  out 
and  submitted  to  the  legislative  authority  of  said  city,  and  to  the 
governor  of  the  state,  to  be  by  him  transmitted  to  the  general  as¬ 
sembly. 

236.  Further  reports — removal  of  officers .  etc.  ]  5$  6.  The  legis¬ 
lative  authority  of  said  city"  may  require  such  further  reports  and 
exhibits  of  the  condition  and  management  of  such  institution  as  to 
them  shall  seem  necessary  and  proper,  and  may,  with  the  approval  ot 
the  mayor,  remove  any  inspector  of  said  institution.  But  any  subor¬ 
dinate  officer  or  employe  may  be  removed  by  the  superintendent  at 
his  discretion,  but  immediately  upon  the  removal  of  such  officer  or 
employe,  he  shall  report  to  said  board  the  name  of  the  person  removed 
and  the  cause  of  such  removal. 

237.  Duties  of  superintendent — appointment — term  of  office — 
deputy.]  §  7.  The  superintendent  of  the  said  house  of  correction 
shall  have  entire  control  and  management  of  all  its  concerns,  subject 
to  the  authority  established  by  law,  and  the  rules  and  regulations  adopt¬ 
ed  for  its  government.  It  shall  be  his  duty  to  obey  and  carry  out  all 
written  orders  and  instructions  of  the  inspectors  not  inconsistent  with 
the  laws,  rules  and  regulations  relating  to  the  government  of  said 
institution.  He  shall  be  appointed  by  the  mayor  by  and  with  the 
consent  of  said  board  of  inspectors,  and  shall  hold  his  office  for  four 
years,  and  until  his  successor  shall  have  been  duly  appointed  and 
qualified,  but  he  may  be  removed  by  the  inspectors  at  any  time,  when 
in  their  judgment  it  shall  be  advisable.  He  shall  be  responsible  for 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


69 

the  manner  in  which  said  house  of  correction  is  managed  and  con¬ 
ducted.  He  shall  reside  at  said  house  of  correction,  devote  all  his 
time  and  attention  to  the  business  thereof,  and  visit  and  examine  into 
the  condition  and  management  of  every  department  thereof  and  of 
each  prisoner  therein  confined,  daily.  He  shall  exercise  a  general  su¬ 
pervision  and  direction  in  regard  to  the  discipline,  police  and  business 
of  said  house  of  correction.  The  deputy  superintendent  of  said  house 
of  correction  shall  have  and  exercise  the  powers  of  the  superintendent 
in  his  absence,  so  far  as  relates  to  the  discipline  thereof  and  safe 
keeping  of  prisoners. 

238.  County  may  use  house  of  correction.}  §  8.  The  board  of 
supervisors  or  commissioners  of  any  county,  and  the  board  of  trustees 
of  any  village  or  town,  in  any  county  in  the  state,  in  which  a  house 
of  correction  is  established,  shall  have  full  power  and  authority  to  en¬ 
ter  into  an  agreement  with  the  legislative  authoritv  ot  such  citv,  or 
with  any  authorized  agent  or  officer  in  behalf  of  such  city,  to  receive 
and  keep  in  said  house  of  correction  any  person  ov  persons  who  may 
be  sentenced  or  committed  thereto,  by  any  court  or  magistrate,  in  any 
of  said  counties,  whenever  such  agreement  shall  have  been  made,  it 
shall  be  the  duty  of  the  board  of  supervisors  or  commissioners  for  any 
county  in  behalf  of  which  such  agreement  shall  have  been  made,  or 
of  the  trustees  of  the  village  or  town,  in  behalf  of  which  such  agree¬ 
ment  has  been  made,  as  the  case  may  be,  to  give  public  notice  thereof, 
in  some  newspaper  printed  and  published  within  said  county,  for  a 
period  not  less  than  four  weeks,  and  such  notice  shall  state  the  period 
of  time  for  which  such  agreement  will  remain  in  force. 

239.  Commitment.  J  §  9.  In  counties,  towns  and  villages  hav¬ 
ing  such  agreement  with  any  such  city,  it  shall  be  the  duty  of  every 
court,  police  justice,  justice  of  the  peace,  or  other  magistrate  in  such 
county,  town  or  village,  by  whom  any  person,  for  any  crime  or  mis¬ 
demeanor,  punishable  by  imprisonment  in  the  county  jail,  shall  be 
convicted,  to  commit  such  person  to  the  said  house  of  correction,  in 
lieu  of  committing  him  to  the  county  jail,  village  or  town  calaboose, 
there  to  be  received,  and  kept  in  the  manner  prescribed  by  law  and 
the  discipline  of  said  house  of  correction.  And  it  shall  be  the  duty  of 
such  court,  police  justice,  justice  of  the  peace,  or  other  magistrate,* by 
a  warrant  of  commitment,  duly  issued,  to  cause  such  person  so  sen¬ 
tenced,  to  be  forthwith  conveyed  by  some  proper  officer  to  said  house 
of  correction, 

240.  Conveying  convict  to  house  of  correction — fees’]  §  10.  It 
shall  be  the  duty  of  the  sheriff,  constable  or  other  officer  in  and  for 
any  county  having  such  agreement  with  any  such  city  to  whom  any 
warrant  of  commitment  for  that  purpose  may  be  directed  by  any 
court,  justice  or  magistrate  aforesaid,  in  such  county,  to  convey  such 
person  so  sentenced  to  the  said  house  of  correction,  and  there  deliver 
such  person  to  the  keeper  or  other  proper  officer  of  said  house  of  cor¬ 
rection.  whose  duty  it  shall  be  to  receive  such  person  so  sentenced. 


TO 


STATUTES  RELATING  TO  THE  MUNICIPAL 


and  to  safely  keep  and  employ  sack  person  for  the  term  mentioned  in 
the  warrant  of  commitment,  according  to  the  laws  of  said  house  of 
correction;  and  the  officers  thus  conveying  and  so  delivering  the  per¬ 
son  or  person  so  sentenced  shall  be  allowed  such  fees,  as  compensa¬ 
tion  therefor,  as  shall  be  prescribed  or  allowed  by  the  board  of  super¬ 
visors  or  commissioners  of  the  said  county. 

241.  Application  of  other  laws,  etc. J  £  11.  All  provisions  of 
law  and  ordinances  authorizing  the  commitment  and  confinement  of 
persons  in  jail,  bridewells  and  other  city  prisons,  are  hereby  made  appli¬ 
cable  to  all  persons  who  may  or  shall  be,  under  the  provisions  of  this 
act,  sentenced  to  such  house  of  correction. 

242.  House  of  Shelter.]  §  12.  It  shall  be  lawful  for  the  inspec¬ 
tors  of  any  such  house  of  correction  to  establish  in  connection  with 
the  same  a  department  thereof,  to  be  called  a  house  of  shelter,  for  the 
more  complete  reformation  and  education  of  females.  The  inspectors 
shall  adopt  rules  and  regulations  by  which  any  female  convict  may 
be  imprisoned  in  one  or  more  separate  apartments  of  the  said  house 
of  correction,  or  of  the  department  thereof  called  the  house  of  shelter. 
The  superintendent  of  said  house  of  correction  shall  appoint,  by  and 
with  the  advice  of  the  board  of  inspectors,  a  matron  and  other  teach¬ 
ers  and  employes  tor  the  said  house  of  shelter,  whose  compensation 
shall  be  fixed  and  provided  for  as  in  this  act  provided  for  the  officers 
and  other  employes  of  the  said  house  of  correction. 

243.  Expenses.  |  §  13.  The  expenses  of  maintaining  any  such 

house  of  correction  over  and  above  all  receipts  for  the  labor  of  persons 
confined  therein,  and  such  sums  of  money  as  may  be  received  from 
time  to  time  by  virtue  of  an  agreement  with  a  county,  as  in  this  act 
contemplated,  shall  be  audited  and  paid  from  time  to  time  by  the 
legislative  authority  of  such  city,  and  shall  be  raised,  levied  and  col¬ 
lected  as  the  ordinary  expenses  of  the  said  city. 

244.  United  States  conricts.]  14.  It  shall  be  lawful  for  the  in¬ 
spectors  of  any  such  house  of  correction  to  enter  into  an  agreement  with 
any  officer  of  the  United  States  authorized  therefor,  to  receive  and 
keep  in  such  house  of  correction  any  person  sentenced  thereto,  or  or¬ 
dered  *to  be. imprisoned  therein,  by  any  court  of  the  United  States,  or 
other  federal  officer,  until  discharged  by  law. 

245.  Bridewell  changed  to  house  of  correction.]  §  15.  That  in 
any  such  city  having,  prior  to  the  passage  of  this  act,  established  a  bride¬ 
well  for  the  confinement  of  convicted  persons,  such  institution  shall, 
immediately  upon  the  appointment  of  the  inspectors  in  this  act  con¬ 
templated  ,  be  known  and  denominated  as  the  house  of  correction  of 
the  city  in  which  it  is  located. 

246.  Solar y  of  superintendent — record  of  conduct — good  time.] 
§  16.  The  superintendent  of  any  such  house  of  correction  shall  re¬ 
ceive  a  salary  per  annum,  to  be  fixed  by  the  legislative  authority  of 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


71 


such  city,  to  be  paid  quarterly.  It  shall  be  his  duty  to  keep  a  record 
of  each  and  all  infractions  of  the  rules  and  discipline  of  said  house  of 
correction,  with  the  names  of  each,  the  convicts  offending,  and  the 
date  and  character  of  each  offense,  and  every  convict  sentenced  or 
committed  for  six  months  or  more,  whose  name  does  not  appear  upon 
such  record,  shall  be  entitled  to  a  deduction  of  three  days  per  month 
from  his  or  her  senience,  for  each  month  he  or  she  shall  continue  to 
obey  all  the  rules  of  said  house  of  correction. 

247.  Oath — bond  J  §  17.  The  inspectors  of  any  such  house  of 
correction  and  the  superintendent  thereof,  shall,  before  they  enter  on 
the  duties  of  their  respective  offices,  take  and  subscribe  the  usual  oath 
ot  office.  Said  inspectors  and  superintendent  shall  severally  give 
bond  to  such  city  with  sureties,  and  in  a  penal  sum  such  as  may  be 
required  by  the  legislative  authority  thereof,  for  the  faithful  perform¬ 
ance  of  their  duties.  , 


HOUSES  OF  ILL-FAME. 

AN  ACT  to  prevent  the  licensing  of  houses  of  ill-fame,  and  the  official  inspection  or 
medical  examination  of  the  inmates  thereof,  in  the  incorporated  cities,  towns 
and  villages  of  this  state.  [Approved  and  in  force  March  27,  1874.] 

248.  Licensing  and  medical  inspection  forbidden.]  §  1  Be  it 

enacted  by  the  people  of  the  State  of  Illinois ,  represented  in  the  General 
Assembly ,  That  it  shall  be  unlawful  for  the  corporate  authorities  of 
any  city,  town  or  village  in  this  state  to  grant  a  license  to  any  person, 
male  or  female,  to  keep  what  is  known  as  a  house  of  ill-fame  or  house 
of  prostitution.  And  it  shall  be  unlawful  for  any  board  of  health  (or 
an}r  member  or  employe  of  the  same)  now  existing,  or  which  may 
hereafter  exist  under  the  laws  of  this  state,  to  interfere  in  the  man¬ 
agement  of  any  house  of  ill-fame  or  house  of  prostitution,  or  to  pro¬ 
vide  in  any  manner  for  the  medical  inspection  or  examination  of  any 
inmate  of  the  same. 

249.  Emergency,  j  §  2.  Whereas ,  the  legislative  authorities 
of  certain  cities  in  this  state  are  about  to  license  houses  of  ill-fame, 
therefore  an  emergency  exists  why  this  act  should  take  effect  imme¬ 
diately:  therefore,  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


INSURANCE  COMPANIES. 

I 

AN  ACT  to  incorporate  and  to  govern  lire,  marine  and  inland  navigation  insurance 
companies  doing  business  in  the  state  of  Illinois.  [Approved  March  11,  1869.  In 
force  July  1,  1869.] 

j}C  s£sjc 

250.  Tax  on  net  receipts.]  §  30.  Every  agent  of  any  insurance 
company,  incorporated  by  the  authority  of  any  other  state  or  govern¬ 
ment,  shall  return  to  the  proper  officer  of  the  county,  town  or  munic¬ 
ipality  in  which  the  agency  is  established,  in  the  month  of  May, 


72 


STATUTES  RELATING  TO  THE  MUNICIPAL 

annually,  the  amount  of  the  net  receipts  of  such  agency  for  the  pre¬ 
ceding  year,  which  shall  be  entered  on  the  tax  lists  of  the  county, 
town  and  municipality,  and  subject  to  the  same  rate  of  taxation,  for 
all  purposes — state,  count}",  town  and  municipal — that  other  personal 
property  is  subject  to  at  the  place  where  located;  said  tax  to  be  in  lieu 
of  all  town  and  municipal  licenses;  and  all  laws  and  parts  of  laws 
inconsistent  herewith,  are  hereby  repealed:  Provided ,  that  the  provis¬ 
ions  of  this  section  shall  not  be  construed  to  prohibit  cities  having  an 
organized  fire  department  from  levying  a  tax,  or  license  fee,  not  exceed¬ 
ing  two  per  cent.,  in  accordance  with  the  provisions  of  their  respective 
charters,  on  the  gross  receipts  of  such  agency,  to  be  applied  exclus¬ 
ively  to  the  support  of  the  fire  department  of  such  city.  [  As  amended 
by  act,  approved  May  31,  1879.  In  force  July  1,  18J9.] 


JURISDICTION  OF  JUSTICE. 

AN  ACT  to  provide  for  the  jurisdiction  of  justices  of  the  peace  in  civil  cases.  [Approved 

April  1,  1872.  In  force  July  1,  1872.] 

******** 

251.  City  ordinances .]  §  14.  Justice  of  the  peace  shall  have 
jurisdiction  in  all  cases  for  violation  of  the  ordinances  of  cities,  towns 
or  villages. 


LIBRARIES. 

AN  ACT  to  authorize  cities,  incorpox-ated  towns  and  townships  to  establish  and  main¬ 
tain  free  public  libraries  and  reading  rooms.  [Approved  and  in  force  March  7, 
1872.] 

252.  Establishment  by  city — tax— fund.]  §  1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  General  Assem¬ 
bly.  That  the  city  council  of  each  incorporated  city  shall  have  power 
to  establish  and  maintain  a  public  library  and  reading-room  for  the 
use  and  benefit  of  the  inhabitants  of  such  city,  and  may  levy  a  tax  of 
not  to  exceed  one  mill  on  the  dollar,  annually,  and  in  cities  of  over 
one  hundred  thousand  inhabitants,  not  to  exceed  one  fifth  of  one  mill 
annually,  on  all  the  taxable  property  in  the  city,  such  tax  to  be  levied 
and  collected  in  like  manner  with  other  general  taxes  of  said  city, 
and  to  be  known  as  the  ‘‘Library  Fund.” 

253.  Directors.  /  §  2.  When  any  city  council  shall  have  decided 
to  establish  and  maintain  a  public  library  and  reading-room  under 
this  act,  the  mayor  of  such  city  shall,  with  the  approval  of  the  city 
council,  proceed  to  appoint  a  board  of  nine  directors  for  the  same, 
chosen  from  the  citizens  at  large,  with  reference  to  their  fitness  tor 
such  office;  and  not  more  than  one  member  of  the  city  council  shall 
be  at  any  one  time  a  member  of  said  board. 

254.  Term  of  office — removal.  ]  §  3.  Said  directors  shall  hold 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


•  73 


office  one- third  for  one  year,  one-third  for  two  years,  and  one-third  for 
three  years,  from  the  first  of  July  following  their  appointment,  and 
at  their  first  regular  meeting  shall  cast  lots  for  the  respective  terms; 
and  annually  thereafter  the  mayor  shall,  befure  the  first  of  July  of 
each  year,  appoint  as  before  three  directors,  to  take  the  place  of  the 
retiring  directors,  who  shall  hold  office  for  three  years,  and  until  their 
successors  are  appointed.  The  mayor  may,  by  and  with  the  consent 
of  the  city  council,  remove  any  director  for  misconduct  or  neglect  of 
duty. 

255.  V((c<tucies — compensation.']  §  4.  Vacancies  in  the  board 
of  directors,  occasioned -by  removals,  resignation,  or  otherwise,  shall 
be  reported  to  the  city  council,  and  be  filled  in  like  manner  as  origi¬ 
nal  appointments,  and  no  director  shall  receive  compensation  as  such. 

I 

256.  Organization — poteen*  of  directors— fund '#.]  £  5.  Said 
directors  shall,  immediately  after  appointment,  meet  and  organize  by 
the  election  of  one  of  their  number  president,  and  by  the  election  of 
such  other  officers  as  they  may  deem  necessary.  They  shall  make 
and  adopt  such  by-laws,  rules  and  regulations  for  their  own  guidance 
and  for  the  government  of  the  library  and  reading-room  as  may  be 
expedient,  not  inconsistent  with  this  act.  They  shall  have  the  ex¬ 
clusive  control  of  the  expenditure  of  all  moneys  collected  to  the 
credit  of  the  library  fund,  and  of  the  construction  of  any  library 
building,  and  of  the  supervision,  care  and  custody  of  the  grounds, 
rooms  or  buildings  constructed,  leased,  or  set  apart  for  that  purpose: 
Provided ,  that  all  moneys  received  for  such  library  shall  be  deposited 
in  the  treasury  of  said  city  to  the  credit  of  the  library  fund,  and  shall 
be  kept  separate  and  apart  from  other  moneys  of  such  city,  and  drawn 
upon  by  the  proper  officers  of  said  city,  upon  the  properly  authenticated 
vouchers  of  the  library  board.  Said  board  shall  have  power  to  pur¬ 
chase  or  lease  grounds,  to  occupy,  lease  or  erect  an  appropriate  build¬ 
ing  or  buildings  for  the  use  of  said  library;  shall  have  power  to  ap¬ 
point  a  suitable  librarian  and  necessary  assistants,  and  fix  their  com¬ 
pensation,  and  shall  also  have  power  to  remove  such  appointees;  and 
shall,  in  general,  carry  out  the  spirit  and  intent  of  this  act,  in  estab¬ 
lishing  and  maintaining  a  public  library  and  reading-room. 

257.  Who  may  use  library.]  §  6.  Every  library  and  reading- 
room,  established  under  this  act,  shall  be  forever  free  to  the  use  of  the 
inhabitants  of  the  city  where  located,  always  subject  to  such  reason¬ 
able  rules  and  regulations  as  the  library  board  may  adopt,  in  order  to 
render  the  use  of  said  library  and  reading-room  of  the  greatest  bene¬ 
fit  to  the  greatest  number;  and  said  board  may  exclude  from  the  use 
of  said  library  and  reading  room  any  and  all  persons  who  shall  will¬ 
fully  violate  such  rules.  And  said  board  may  extend  the  privileges 
and  use  of  such  library  and  reading-room  to  persons  residing  outside 
of  such  city  in  this  state,  upon  such  terms  and  conditions  as  said 
board  may  from  time  to  time  by  its  regulations  prescribe. 

258.  Report  of  directors. J  §  7.  The  said  board  of  directors 


74 


STATUTES  RELATING  TO  THE  MUNICIPAL 


shall  make,  on  or  before  the  second  Monday  in  June,  an  annual  re¬ 
port  to  the  city  council,  stating  the  condition  of  their  trust  on  the 
first  day  of  June  of  that  year,  the  various  sums  of  money  received 
from  the  library  fund  and  from  other  sources,  and  how  such  moneys 
have  been  expended,  and  for  what  purposes;  the  number  of  books  and 
periodicals  on  hand,  the  number  added  by  purchase,  gift,  or  otherwise, 
during  the  year;  the  number  lost  or  missing;  the  number  of  visitors 
attending;  the  number  of  books  loaned  out,  and  the  general  charac¬ 
ter  and  kind  of  such  books;  with  such  other  statistics,  information 
and  suggestions  as  they  may  deem  of  general  interest.  All  such  portions 
of  said  report  as  relate  to  the  receipt  and  expenditure  of  money,  as 
well  (as)  the  number  of  books  on  hand,  books  lost  or  missing,  and 
books  purchased,  shall  be  verified  by  affidavit. 

259.  Penaliies.']  §  8.  The  city  council  of  said  city  shall  have 
power  to  pass  ordinances  imposing  suitable  penalties  for  the  punish¬ 
ment  of  persons  committing  injury  upon  such  library, or  the  grounds, 
or  other  property  thereof,  and  for  injury  to  or  failure  to  return  any 
book  belonging  to  such  library. 

260.  Donation*.  ]  §  9.  Any  person  desiring  to  make  donations 
of  money,  personal  property  or  real  estate  for  the  benefit  of  such 
library,  shall  have  the  right  to  vest  the  title  to  the  money  or  real  es¬ 
tate  so  donated  in  the  board  of  directors  created  under  this  act.  to  be 
held  and  controlled  by  such  board,  when  accepted,  according  to  the 
terms  of  the  deed,  gift,  devise  or  bequest  of  such  property;  and  as  to 
such  property  the  said  board  shall  be  held  and  considered  to  be  special 
trustees. 

Sections  10  and  11  refer  to  libraries  in  incorporated  towns. 

261.  Emergency .]  §  12.  Whereas,  all  the  libraries  of  Chicago 

were  destroyed  by  the  recent  fire  in  that  city,  and  large  donations  of 
books  have  been  made  to  found  a  free  library,  and  whereas  no  suita¬ 
ble  building  or  organization  exists  to  receive  or  preserve  them,  there¬ 
fore  an  emergency  exists  that  this  law  shall  take  effect  immediately; 
therefore  this  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


MARKETING  PRODUCTS. 

AN  ACT  for  the  protection  of  farmers,  fruit-growers,  vine-growers  and  gardeners. 

[Approved  January  13,  1872.  In  force  July  1,  1872.] 

262.  Farmer ,  etc.,  may  sell  products  without  license.]  §  1.  Be 
it  enacted  by  the  People  of  the  State  of  Illinois ,  represented  in  the  Gen¬ 
eral  Assembly,  That  every  farmer, fruit  and  vine  grower,  and  gardener, 
shall  have  an  undisputed  right  to  sell  the  produce  of  his  farm,  or¬ 
chard,  vineyard  and  garden  in  any  place  or  market  where  such  arti¬ 
cles  are  usually  sold,  and  in  any  quantity  he  may  think  proper,  with¬ 
out  paying  any  state,  county,  or  city  tax,  or  license,  for  doing  so,  any 


BURGESS  &  MANNON,  Attysi 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


75 


law,  city  or  town  ordinance  to  the  contrary  notwithstanding:  Pro¬ 
vided,  that  the  corporate  authorities  of  any  such  city,  town  or  village 
may  prohibit  the  obstruction  of  its  streets,  alleys  and  public  places 
for  any  such  purpose:  And ,  provided  further,  that  nothing  in  this 
act  shall  be  so  construed  as  to  authorize  the  sale  of  spirituous,  vinous 
or  malt  liquors,  contrary  to  laws  which  now  are  or  hereafter  may  be 
in  force  prohibiting  the  sale  theseof. 


mayor’s  bill. 

AN  ACT  concerning  the  appointment  and  removal  of  city  officers  in  all  cities  in  this 
state,  conferring  additional  powers  and  duties  upon  mayors,  and  concerning  ap¬ 
propriation  hills  or  ordinances  that  may  be  passed  in  such  cities.  [Approved  and 
in  force  April  10,  1875. ; 

263.  Power  of  mayor  and  council — repeal. ]  §  1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  General  As¬ 
sembly. 

(Section  one  of  this  act  is  repealed  by  act  approved  May  28,  1879.) 

26U  Approval  and  veto  of  ordinances . /  §  2.  All  ordinances 
passed  by  the  city  council  shall,  before  they  take  effect,  be  deposited 
in  the  office  of  the  city  clerk,  and  if  the  mayor  approves  thereof,  he 
shall  sign  the  same,  and  such  as  he  shall  not  approve  he  shall  return 
to  the  council,  with  his  objections  thereto,  in  writing,  at  the  next 
regular  meeting  of  the  council  occurring  not  less  than  five  days  after 
the  passage  thereof.  Such  veto  may  extend  to  any  one  or  more  items 
or  appropriations  contained  in  any  ordinance,  and  in  case  the  veto 
only  extends  to  a  part  of  such  ordinance,  the  residue  thereof  shall 
take  effect  and  be* in  force;  but  in  case  the  mayor  shall  fail  to  return 
an}’  ordinance  with  his  objections  thereto,  by  the  time  aforesaid,  he 
shall  be  deemed  to  have  approved  such  ordinance,  and  the  same  shall 
take  effect  according^. 

265.  Passage  over  mayor's  veto.]  §  3.  Upon  the  return  of  any 
ordinance  by  the  mayor,  the  vote  by  which  the  same  was  passed  shall 
be  reconsidered  by  the  council;  and  if,  after  such  reconsideration, 
two-thirds  of  all  the  members  elected  to  the  city  council  shall  agree, 
by  yeas  and  nays,  to  pass  the  same,  it  shall  go  into  effect,  notwith¬ 
standing  the  mayor  may  refuse  to  approve  thereof.  The  vote  to  pass 
the  same  over  the  mayor's  veto  shall  be  taken  by  yeas  and  nays,  and 
entered  on  the  journal. 

266.  Emergency.  J  §  4.  Whereas,  the  legislative  authorities  in 
many  cities  pass  their  appropriation  bills  before  the  first  day  of  July 
next,  and  mayors  have  no  power  to  veto  a  part  of  such  appropriation 
or  ordinance,  wherefore  an  emergency  exists;  therefore,  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


OFFICERS  OF  CITIES 

AN  ACT  to  prevent  fraudulent  and  corrupt  practices  in  tlie  making  or  accepting  ot 
official  appointments  and  contracts  by  public  officers.  [Approved  April  9,  1872. 
In  force  July  1,  1872.] 


76 


STATUTES  RELATING  TO  THE  MUNICIPAL 


267.  Aldermen  of  cities — trustees  of  villages.]  §  2.  That  it 
shall  be  and  is  hereby  declared  unlawful  for  any  alderman  of  any  city, 
or  member  of  the  board  of  trustees  of  any  village  of  this  state,  during 
the  term  of  office  for  which  he  is  elected,  to  accept  or  be  appointed  to 
or  hold  any  office,  by  the  appointment  ot  the  mayor  or  president  of 
the  board  of  trustees  thereof;  and  any  and  all  such  election  or  ap¬ 
pointment  shall  be  absolutely  null  and  void. 

268.  Not  to  be  interested  in  contracts — not  to  act  as  attorney  to 
procure — bribery  f  §3.  It  shall  not  be  lawful  for  any  person,  now 
or  hereafter  holding  any  office,  eiter  by  election  or  appointment,  un¬ 
der  the  constitution  of  this  state,  to  become  in  any  manner  interested 
either  directly  or  indirectly,  in  his  own  name  or  in  the  name  of  any 
other  person  or  corporation,  in  any  contract,  or  the  performance  of 
any  work  in  the  making  or  letting  of  which  such  officer  nmy  be  called 
upon  to  act  or  vote.  And  it  shall  not  be  lawful  for  any  such  officer 
to  represent,  either  as  agent  or  otherwise,  any  person,  company  or 
corporation,  in  respect  of  any  application  or  bid  for  any  contract  or 
work  in  regard  to  which  such  officer  may  be  called  upon  to  vote.  Nor 
shall  any  such  officer  take  or  receive,  or  offer  to  take  or  receive,  either 
directly  or  indirectly,  any  money  or  other  thing  of  value,  as  a  gift  or’ 
bribe,  or  a  means  ot  inffuencing  his  vote  or  action  in  his  official  char¬ 
acter:  and  any  and  all  contracts  made  and  procured  in  violation  here¬ 
of.  shall  be  null  and  void. 

269.  Penalty. I  $  4.  Any  alderman,  member  of  a  board  of 
trustees,  supervisor,  or  county  commissioner,  or  person  now  or  here¬ 
after  holding  any  office,  either  by  election  or  appointment  under  the 
constitution  of  this  state,  or  any  law  now  or  hereafter  in  force  in 
this  state,  who  shall  violate  any  ot  the  provisions*  of  the  preceding 
sections,  shall  be  deemed  guilty  ot  a  misdemeanor,  and  on  conviction 
thereof  may  be  punished  by  confinement  in  the  penitentiary  for  a 
term  not  less  than  one  year  nor  more  than  five  or  fined  in  a  sum  not 
less  than  8200  nor  more  than  81.000.  or  both,  in  the  discretion  of  the 
court  before  which  such  conviction  shall  be  had:  and  in  addition 
thereto,  any  office  or  official  position  held  by  any  person  or  persons  so 
convicted  shall,  by  the  fact  of  such  conviction,  become  vacant,  and 
shall  be  so  declared  as  part  of  the  judgment  of  court:  and  the  person 
or  persons  so  convicted  shall  lie  disqualified  from  holding  any  office 
or  position  of  trust  and  confidence  in  this  state  for  the  period  of  two 
years  from  and  after  the  date  ot  such  conviction. 


OFFICERS — RESIGNATIONS  AND  VACANCIES. 

AN  ACT  in  regard  to  elections,  and  to  provide  for  filling  vacancies  in  elective  offices 

[Approved  April  3,  1S72.  In  force  July  1,  1872.] 

270.  Of  elective  officers.]  §  124.  Resignations  of  elective  offices 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


i  t 

shall  be  made  to  the  officer,  court  or  county  board  authorized  by  law 
to  till  a  vacancy  in  such  office  by  appointment,  or  to  order  an  election 
to  till  such  vacancy. 

271.  When  office  becomes  vacant.]  §  125.  Every  elective  office 
shall  become  vacant  on  the  happening  of  either  of  the  following- 
events,  before  the  expiration  of  the  term  of  such  office. 

First — The  death  of  the  incumbent. 

S proud — His  resignation . 

Third — His  becoming  insane. 

Fourth — His  ceasing  to  be  an  inhabitant  of  the  state;  or.  if  the 
office  i>  local,  hi"  ceasing  to  be  an  inhabitant  of  the  district,  county, 
town  or  precinct  for  which  he  was  elected. 

Fifth — His  conviction  of  an  infamous  crime,  or  of  an}’  offense  in¬ 
volving  a  violation  of  official  oath. 

Sixth — His  removal  from  office. 

Seventh — His  refusal  or  neglect  to  take  his  oath  of  office,  or  to 
give  or  renew  his  official  bond,  or  to  deposit  or  tile  such  oath  or  bond 
within  the  time  prescribed  by  law. 

Eighth — The  decision  of  a  competent  tribunal  declaring  his  elec¬ 
tion  void. 

272.  Who  may  determine  when  vacancy  exists.]  §  126.  When¬ 
ever  it  is  alleged  that  a  vacancy  in  any  office  exists,  the  officer,  court, 
or  county  board,  whose  duty  it  is  to  fill  the  vacancy  by  appointment, 
or  to  order  an  election  to  till  such  vacancy,  shall  have  power  to  de¬ 
termine  whether  or  not  the  facts  occasioning  such  vacancy  exists. 


OFFICERS — SALARIES  OF. 

AX  ACT  to  enable  the  corporate  authorities  of  cities  to  establish  and  fix  the  salaries  of 
city  officers.  [Approved  and  in  force  April  ‘23,  1S73.] 

273.  When  to  he  fixed— not  changed  during  term.]  §  1.  Brit 
enacted  hg  the  People  of  the  State  of  Illinois,  represented  in  the  General 
Assembly:  It  shall  and  may  be  lawful  for  the  common  council  or 
legislative  authority  of  any  city  in  this  state  to  establish  and  fix  the 
amount  of  salary  to  be  paid  any  and  all  city  officers,  as  the  case  maybe, 
except  members  of  such  legislative  body,  in  the  annual  appropriation 
bill  or  ordinance  made  for  the  purpose  of  providing  for  the  annual 
expenses  of  any  such  city,  or  by  some  ordinance  prior  to  the  passage 
of  such  annual  appropriation  bill  or  ordinance:  and  the  salaries  or 
compensation  thus  fixed  or  established,  shall  neither  be  increased  nor 
diminished  by  the  said  common  council  or  legislative  authority  of 
any  such  city,  after  the  passage  of  said  annual  appropriation  bill  or 
ordinance,  during  the  year  for  which  such  appropriation  is  made,  and 


78 


STATUTES  RELATING  TO  THE  MUNICIPAL 


no  extra  compensation  shall  ever  be  allowed  to  any  such  officer  or 
employe  over  and  above  that  provided  in  manner  aforesaid. 

274.  Emergency .]  §  2.  Whereas,  the  corporate  authorities  of 
certain  cities  in  this  state  have  no  power  to  establish  or  fix  the  sal¬ 
aries  of  their  city  officers  in  certain  cases,  whereby  an  emergency 
exists  requiring  this  act  to  take  immediate  effect;  therefore,  this  act 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 


OIL  INSPECTION. 

AN  ACT  to  revise  the  law  in  relation  to  oil  inspection.  [Approved  March  12,  1874.  In 

force  July  1,  1874. 

275.  Appointment  of  inspectors — term  of  office — deputies.']  §  1. 
Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in 
the  General  Assembly ,  That  the  mayor  of  any  city,  with  the  approval 
of  the  city  council,  and  the  board  of  trustees  of  any  .village  or  town 
may,  and  on  the  petition  of  any  five  inhabitants  thereof  shall  appoint 
one  or  more  inspectors  for  the  inspection  of  coal  oil,  naptha,  gasoline, 
benzine  and  other  mineral  oils  or  fluids,  the  product  of  petroleum,  and 
fix  their  compensation,  to  be  paid  by  the  party  requiring  their  ser¬ 
vices.  Every  such  inspector  shall  hold  his  office  for  one  year  and 
until  his  successor  is  appointed  and  qualified,  unless  sooner  removed 
from  office.  He  may  appoint  deputies,  for  whom  he  shall  be  respon¬ 
sible,  and  who  shall  take  the  same  oath  and  be  liable  to  the  same 
penalties  as  the  inspector. 

276.  Oath — bond — suit  on .  /  2.  Every  such  inspector,  before 
entering  upou  the  duties  of  his  office,  shall  take  and  subscribe  the 
following  oath: 

I  do  solemnly  swear  (or  affirm,  as  tlie  case  may  be,)  that  I  will  support  the  consti¬ 
tution  of  the  United  States,  and  the  constitution  of  the  state  of  Illinois,  and  that  I  will 
faithfully  discharge  the  duties  of  the  office  of  oil  inspector,  according  the  best  of  my 
ability. 

He  shall  also  execute  a  bond  payable  to  the  people  of  the  state, 
in  such  sum  as  shall  be  required  by  the  city  council  or  board  of  trus¬ 
tees,  with  one  or  more  sureties,  to  be  approved  by  the  mayor  or  presi¬ 
dent  of  the  board  of  trustees,  conditioned  for  the  faithful  discharge 
of  the  duties  of  his  office.  Any  person  aggrieved  by  the  misconduct 
or  neglect  of  such  inspector  may  maintain  suit  thereon  for  his  own  use. 

277.  Inspector  to  test.]  §3.  Upon  the  application  of  any  man¬ 
ufacturer,  refiner  or  producer  of,  or  any  dealer  in,  any  such  oil  or  fluid, 
or  of  any  officer  or  person  to  test  any  such  oil  or  fluid,  such  inspector 
shall  test  the  same  with  all  reasonable  dispatch  by  applying  the  fire 
test,  as  indicated  and  determined  by  J.  Tagliabue’s  pyrometer,  or  some 
other  instrument  or  means  equally  accurate,  with  which  he  shall  have 
provided  himself  at  his  own  expense. 

278.  Test — casks  marked — inspector  not  to  trade  in  oil.]  §  4. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


79 


If  the  oils  or  fluids  so  tested  will  not  ignite  or  explode  at  a  tempera¬ 
ture  less  than  one  hundred  and  fifty  degrees  Fahrenheit,  the  inspector 
shall  mark,  plainly  and  indelibly,  on  each  cask,  barrel  or  package 

u  Approved,  tire  test  being . but  if  said  oils  or  fluids  will  ignite 

at  a  temperature  less  than  one  hundred  and  fifty  degrees  Fahrenheit, 
as  aforesaid,  then  the  inspector  shall  mark  on  each  cask,  barrel  or 
package  u Condemned  for  illuminating  purposes;  fire-test  being. 

Said  inspector,  while  in  office,  shall  not  buy,  sell,  bargain  or  trade, 
directly  or  indirectly,  in  any  of  the  said  oils  or  fluids. 


279.  Record  kept,  and  open  to  examination. J  §5.  He  shall  also 
within  twenty-four  hours  after  making  any  inspection,  make  a  full, 
and  fair  entry  thereof  in  a  record  book  to  be  kept  for  that  purpose, 
which  shall  be  open  to  all  persons  wishing  to  examine  the  same. 


280.  Penalty  for  miscond  act  in  office.  ]  §  6.  Any  such  inspector 
or  deputy  who  shall  falsely  brand  any  package,  cask  or  barrel,  or  be 
guilty  of  any  fraud,  deceit,  misconduct  or  culpable  negligence  in  the 
performance  of  any  of  his  official  duties,  shall  be  fined  not  exceeding 
$200.  and  be  liable  to  the  party  injured  for  all  damages  occasioned 
thereby. 


281.  Penalty  for  neglect  to  give  notice  of,  or  selling  oil  not  inspect¬ 
ed — counterfeit  brands ,  etc.]  §  7.  Any  manufacturer,  refiner  or  pro¬ 
ducer  of,  or  any  dealer  in  coal  oil,  naptha,  gasoline,  benzine,  or  other 
mineral  oil  or  fluid,  the  product  of  potroleum,  in  any  city,  village  or 
town  in  which  su  di  inspector  is  appointed,  who  shall  neglect  to  give 
notice  to  such  inspector,  of  any  such  oil  or  fluid  in  his  possession  not 
already  inspected  by  some  authorized  inspector  of  this  state,  within 
two  days  after  the  same  is  made  or  refined  by  him  or  received  into  his 
possession,  or  shall  offer  any  such  oil  or  fluid  for  sale  before  the  same 
lias  been  so  inspected,  or  shall  sell  or  attempt  to  sell  to  any  person, 
for  illuminating  purposes,  any  such  oil  which  is  below  the  approved 
standard — that  is,  having  igniting  point  less  than  one  hundred  and 
fifty  degrees  Fahrenheit,  as  indicated  and  determined  in  the  manner 
herein  provided,  or  shall  use  any  package,  cask,  barrel  or  other  thing 
having  the  inspection  brand  thereon,  the  oil  or  fluid  therein  not  hav¬ 
ing  been  inspected,  or  shall  counterfeit  any  brand,  shall  be  fined  not 
exceeding  $200,  and  be  liable  to  the  party  injured  for  all  damages  oc¬ 
casioned  thereby,  and  all  the  casks,  barrels  or  packages  so  falsely  used, 
and  their  contents,  shall  be  forfeited,  and  may  be  seized  and  sold. 

282.  Fines ,  how  recovered  and  disposed  of. J  §  8.  The  fines 
herein  provided  may  be  recovered  in  the  name  of  the  people  of  the 
state  of  Illinois,  before  any  justice  of  the  peace  of  the  county  where 
the  offense  is  committed,  and  when  collected,  one-half  shall  be  paid 
to  the  informer,  and  the  other  half  and  the  proceeds  of  the  sale  of  all 
c  isks,  barrels  and  packages,  and  the  contents  thereof  seized,  as  herein 
provided,  shall  be  paid  into  the  city,  village  or  town  treasury. 


80 


STATUTES  RELATING  TO  THE  MUNICIPAL 


ORDINANCES — PUNISHMENT  FOR  ISOLATION  OF. 

AN  ACT  to  provide  for  the  punishment  of  persons  violating  any  of  the  ordinances  of 
k_  the  several  cities  and  villages  in  this  state.  [Approved  and  in  force  April  12,  lsTU.  | 

283.  Arrest — imprisonment — workhouse.]  §  1.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois ,  represented  in  the  General  As¬ 
sembly,  That  in  all  actions  for  the  violation  of  any  ordinance  of  any 
city  or  village  organized  under  any  general  or  special  law  of  this 
state,  the  first  process  shall  be  a  summons:  Provided,  however ,  that 
a  warrant  tor  the  arrest  of  the  offender  may  issue  in  the  first  in¬ 
stance,  upon  the  affidavit  of  anj"  peison  that  any  such  ordinance  has 
been  violated,  and  that  the  person  making  the  complaint  has  reas¬ 
onable  grounds  to  believe  the  party  charged  is  guilty  thereof;  and 
any  person  arrested  upon  such  warrant,  shall,  without  unnecessary 
delay,  be  taken  before  the  proper  officer,  to  be  tried  for  the  alleged 
offense,  Any  person  upon  whom  any  fine  or  penalty  shall  be 
imposed  may,  upon  the  order  of  the  court  or  magistrate  before 
whom  the  conviction  is  had,  be  committed  to  the  county  jail  or  the 
calaboose,  city  prison,  work-house,  house  of  correction,  or  other  place 
provided  by  such  cities  or  villages  by  ordinance  for  the  incarceration 
of  such  offenders  until  such  fine,  penalty,  and  cost  shall  be  fully  paid: 
Provided ,  that  no  such  imprisonment  shall  exceed  six  months  lor  any 
one  offense.  The  city  council  or  board  of  trustees  of  any  such  cities 
or  villages  shall  have  power  to  provide  by  ordinance  that  every  per¬ 
son  so  committed  shall  be  required  to  work  at  such  labor  as  his  or  her 
strength  will  permit,  within  and  without  such  prison,  work-house  house 
of  correction  or  other  place  provided  for  the  incarceration  of  such  offend¬ 
ers,  not  to  exceed  ten  hours  each  working  day ;  and  for  such  work  the 
person  so  employed,  or  worked,  shall  be  allowed,  exclusive  of  his  or 
her  board,  the  sum  of  fifty  cents  for  each  days  work  on  account  ot 
such  hue  and  costs. 

284.  Repeal.]  §2.  All  acts  and  parts  of  acts  inconsistent  wHh 
the  foregoing  section  are  hereby  repealed. 

285.  Emergency.]  §3.  Whereas ,  In  some  of  the  cities  and  villages 
in  this  state,  there  is  no  authority  for  the  imprisonment  of  offenders 
in  woik-houses  or  houses  of  correction,  and  requiring  such  offenders 
to  work,  therefore,  an  emergency  is  declared  to  exist,  and  this  act 
shall  be  in  force  from  and  after  its  passage. 


PARTS  TO  BE  RECORDED,  ETC. 

AN  AOT  to  revise  tlie  law  in  relation  to  plats.  [Approved  March  21,  1874.  In  force 

July  1,  1874.] 

**************  ** 

286.  Plats  of  highways ,  etc.,  to  be  made  and  recorded.  §  9. 
Whenever  any  highway,  road,  street,  alley,  public  ground,  toll-road, 
railroad  or  canal  is  laid  out,  located,  opened,  widened  or  extended, 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


81 


or  the  location  thereof  altered,  it  shall  be  the  duty  of  the  commis¬ 
sioners,  authorities,  officers,  persons  or  corporations,  public  or  private, 
laying  out,  locating,  opening,  widening,  extending  or  altering  the 
same,  to  cause  a  plat  thereof  showing  the  width,  courses  and  extent 
thereof,  and  making  such  reference  to  known  and  established  corners 
or  monuments  that  the  location  thereof  may  be  ascertained,  to  be 
made,  and  recorded  in  the  office  of  the  recorder  of  the  county  in  which 
the  premises  taken  or  used  for  the  same,  or  any  part  thereof,  are  sit¬ 
uated,  within  six  months  after  such  highway,  road,  street,  alley,  pub¬ 
lic  ground,  toll-road,  railroad  or  canal  is  laid  out,  located,  opened, 
widened  or  extended,  or  the  location  thereof  altered;  and  when  any 
highway,  road,  street,  alley/public  ground,  toll-road,  railroad  or  canal 
is  vacated,  the  order,  ordinance  or  other  declaration  vacating  the  same 
shall  be  in  like  manner  recorded.  This  act  shall  not  be  construed  to 
alter  or  affect  any  law  specifically  providing  for  the  recording  of  any 
such  plat,  or  to  require  the  same  to  be  recorded  sooner  than  is  so 
specifically  provided;  except  that  any  requirements  to  record  such 
plat  in  any  other  place  than  is  provided  herein  shall  not  excuse  the 
parties  from  complying  with  this  act.  Whoever  shall  refuse  or  neg¬ 
lect  to  comply  with  this  section  shall  forfeit  $25,  and  the  like  sum  for 
everv  month  he  shall  continue  in  such  refusal  or  neglect  after  con- 
viction  therefor,  to  he  recovered  before  any  justice  of  the  peace  of  the 
county,  in  the  name  of  the  county,  one-half  to  the  use  of  the  county 
and  the  other  half  to  the  use  of  the  person  complaining. 


POLICE  AND  firemen's  RELIEF  FUND. 

AN  ACT  to  amend  “An  Act  for  the  relief  ot  disabled  members  of  the  police  and  fire 
departments  in  cities  and  villages,”  approved  May  24,  1S77.  In  force  July  1,  1877. 
[Approved  May  10,  1879.  In  force  July  1,  1879.] 

287.  How  fund  created .J  §  1.  Be  it  enacted  by  the  People  of  the  State 
of  Illinois,  represented  in  the  General  Assembly ,  “That  an  act  for  the 
relief  of  disabled  members  of  the  police  and  fire  departments  in  cities 
and  villages,”  approved  May  24,  1877,  in  force  July  1,  1877.  be 
amended  to  read  as  follows; 

That  one-fourth  of  all  the  rates,  taxes  and  license  fees  which  are 
or  may  be  hereafter  required  by  law  tube  paid  by  corporations,  com¬ 
panies,  or  associations,  not  incorporated  under  the  laws  of  this  state, 
engaged  in  any  village  or  city  in  this  state,  effecting  fire  insurance 
and  all  moneys  received  from  fines  inflicted  upon  members  of  the 
police  and  fire  departments  for  a  violation  of  the  rules  and  regula¬ 
tions  of  the  service,  and  all  fines  recovered  because  of  conviction  for 
a  violation  of  the  fire  ordinances,  and  all  moneys  accruing  from  the 
sale  of  unclaimed  stolen  property,  shall  be  set  apart  by  the  treasurer 
of  the  city  or  village,  to  whom  the  same  shall  be  paid,  as  a  fund  for 
the  relief  of  disabled  members  of  the  police  and  fire  departments  of 
such  city  or  village. 


STATUTES  RELATING  TO  THE  MUNICIPAL 


82 


288.  Mayor ,  etc.,  trustees  of  fund .]  §  2.  The  mayor  or  presi¬ 
dent  of  the  board  ot  trustees,  the  superintendent  or  chief  officer  of  the 
police  department,  the  fire  marshal  or  chief  officer  of  the  fire  depart¬ 
ment,  and  the  chairman  of  the  committee  on  police  and  fire  and 
water,  of  the  city  council  or  board  of  trustees  of  the  city  or  village, 
with  the  comptroller  (if  there  be  one)  or  city  clerk  and  treasurer,  shall 
constitute  and  be  a  board  by  the  name  of  the  trustees  of  the  police 
and  firemen's  relief  fund,  and  the  treasurer  of  the  city  or  village,  shall 
be  custodian  of  the  funds  of  said  police  and  firemen's  relief  fund.  The 
said  board  shall  select  from  their  number  a  president  and  secretary. 


289.  Board  to  control  fund. ]  §  3.  The  said  board  shall  have 
the  exclusive  control  and  management  of  the  fund  mentioned  in  the 
first  section  of  this  act,  and  of  all  money  donated,  paid,  or  assessed 
for  the  relief  of  disabled  policemen  or  firemen,  and  shall  have  the 
power  to  assess  each  and  every  member  of  the  police  and  fire  depart¬ 
ments  of  such  city  or  village,  including  all  such  persons  who  having 
become  entitled  to  the  benefits  of. this  fund  while  such  members  of 
said  police  and  fire  departments,  have  not  forfeited  their  rights  to 
share  in  such  benefits  after  leaving  such  departments,  as  hereinafter 
provided,  not  to  exceed  the  sum  of  five  dollars  ($5.00)  per  annum, 
which  shall  be  received  and  held  by  the  treasurer  of  said  relief  fund 
in  like  manner  as  the  other  moneys  herein  provided,  to  be  paid  to 
him;  and  any  person  who,  having  become  entitled  to  the  benefits  of 
this  fund,  shall  not  within  one  month  after  notice  in  writing  to  him 
from  said  board  of  the  assessment  against  him,  pay  the  same,  shall  not 
be  entitled  to,  or  receive  any  benefits  secured  to  him  under  the  provi¬ 
sions  of  this  act,  unless  he  shall  make  written  application  to  the  trus¬ 
tees  of  the  fund  to  become  a  member  thereof,  and  shall  have,  by  a 
majority  vote  of  said  trustees,  been  admitted  to  membership  in  said 
organization,  and  upon  his  making  payment  of  all  delinquent  assess¬ 
ments  due  by  him  accruing  during  his  membership  in  such  police  or 
fire  department.  The  said  board  may  make  all  needful  rules  and  reg¬ 
ulations  for  its  government  in  the  discharge  of  its  duties,  and  shall 
hear  and  decide  all  applications  for  relief  under  this  act,  and  its  deci¬ 
sions  on  such  applications  shall  be  final  and  conclusive,  and  not  sub¬ 
ject  to  review  or  reversal  except  by  the  board:  Provided ,  that  noth¬ 
ing  herein  contained  shall  render  the6payment  of  any  sum  of  money 
or  annuity  which  may  be  awarded  by  the  board,  obligatory  on  the 
board  or  chargeable  against  it  as  a  legal  right;  but  the  board  may,  at 
any  time  in  its  discretion,  order  that  such  sums  of  money  or  annuity 
shall  be  reduced,  or  that  payment  of  tlie  same  shall  not  be  made.  The 
board  shall  cause  to  be  kept  a  record  of  all  its  meetings  and  pro¬ 
ceedings. 

290.  Treasurer  to  give  bond  for  fund. ]  §  4.  The  treasurer  of 
the  board  shall  be  the  custodian  of  the  fund  in  the  first  section  of  this 
act  mentioned,  and  of  all  moneys  donated,  paid,  or  assessed  toward  or 
on  account  of  the  relief  fund  hereby  created,  and  shall  secure  and 
safely  keep  the  same,  subject  to  the  control  and  direction  of  the  board. 


* 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


83 


and  shall  keep  his  books  and  accounts  in  such  a  manner  as  may  be 
prescribed  by  the  board,  and  the  same  shall  always  be  subject  to  the 
inspection  or  the  board,  or  any  member  thereof.  The  treasurer  shall, 
within  ten  days  after  his  election  or  appointment,  execute  a  bond  to 
the  city  or  village,  as  the  case  may  be,  with  good  and  sufficient  secur¬ 
ities,  in  such  penal  sum  as  the  board  may  direct,  to  be  approved  by 
the  board,  conditional  for  the  faithful  performance  ot  the  duties  of 
his  office,  and  that  he  will  safely  keep  and  well  and  truly  account  for 
all  moneys  and  property  which  may  come  to  his  hands  as  such  treas¬ 
urer,  and  that  on  the  expiration  of  his  term  of  office,  he  will  surren¬ 
der  and  deliver  over  to  his  successor  all  unexpended  moneys  and  all 
property  which  may  have  come  to  his  hands  as  such  treasurer.  Such 
bond  shall  be  filed  in  the  office  of  the  clerk  of  such  city  or  village, 
and  in  case  of  a  breach  of  the  same,  or  the  conditions  thereof,  suit 
may  be  brought  on  the  same,  in  the  name  of  such  city  or  village,  for 
the  use  of  said  board,  or  of  any  person  or  persons  injured  by  such 
breach. 

291.  Warrant#  drawn  on  treasurer.]  §  5.  It  shall  be  the  duty 
of  the  mayor  and  clerk,  or  the  comptroller,  if  there  be  one,  and  the 
officer  or  officers  of  such  city  or  village,  who  are  or  may  be  author¬ 
ized  by  law,  to  draw  warrants  upon  the  treasurer  of  such  city  or 
village,  upon  request  made  in  writing  by  said  board,  to  draw  warrants 
upon  the  treasurer  of  such  city  or  village,  payable  to  the  treasurer  of 
said  board,  for  the  fund  set  apart  by  such  city  or  village  treasurer,  as 
prescribed  by  the  first  (1)  section  hereof. 

292.  Permanent  disability — death — annuity.]  §  6.  When,  in 
the  judgment  of  the  board,  a  sufficient  amount  shall  have  accumu¬ 
lated  in  said  fund  to  justify  the  application  thereof  to  the  use  for 
which  the  same  is  hereby  created,  if  any  member  of  the  police  or  fire 
departments,  while  in  the  actual  performance  of  duty  or  other  person 
entitled  to  the  benefits  of  this  fund,  as  hereinafter-  provided,  shall 
become  permanently  disabled,  so  as  to  render  proper  his  retirement 
from  membership,  a  sum  not  exceeding  six  hundred  dollars  ($600)  per 
annum,  or  such  less  sum  as,  in  the  judgment  of  the  board,  the  fund 
will  justify,  shall  be  paid  to  such  member  out  of  said  fund;  or  if  any 
member,  while  in  the  actual  discharge  of  duty,  shall  be  killed,  or  shall 
die  from  the  immediate  effects  of  an  injury  received  by  him  while  in 
such  discharge  of  duty,  or  shall  die  after  ten  }^ears'  service  in  the 
police  or  fire  departments,  and  shall  leave  a  widow,  or  if  no  widow, 
any  child  or  children  under  the  age  of  sixteen  (16)  years,  a  sum  not 
exceeding  six  hundred  dollars  ($600)  per  annum,  or  such  less  sum  as, 
in  the  judgment  of  the  board,  the  condition  of  the  fund  will  justify, 
shall  be  paid  to  such  widow  so  long  as  she  shall  remain  unmarried,  or 
to  such  child  or  children  while  under  the  age  of  sixteen  years. 

293.  Who  may  obtain  benefits .]  §  7.  Any  person  who  shall 
have  served  in  either  the  police  or  fire  departments  of  said  city  or 
village  for  the  full  term  of  ten  (10)  years,  and  shall  have  paid  into  the 


STATUTES  RELATING  TO  THE  MUNICIPAL 


8* 

fund  hereby  provided  for,  all  assessments  regularly  made  upon  him 
by  the  board  of  trustees,  as  required  by  this  act,  and  the .  regulations 
of  the  said  board  of  trustees,  passed  in  pursuance  of  this  act,  and 
shall  have  complied  with  all  the  rules  and  regulations  lawfully  estab¬ 
lished  by  the  board  of  trustees,  in  the  same  manner  as  if  such  person 
was  an  active  member  in  said  police  or  tire  department,  may  continue 
his  membership  in  this  organization,  and  be  entitled  to  the  benefits 
of  this  fund,  after  he  shall  have  ceased  to  be  a  member  in  either  said 
police  or  fire  department,  by  complying  with  all  the  provisions  of  this 
act,  relative  to  the  payment  of  assessments,  etc.,  the  same  as  prior  to 
his  ceasing  to  be  a  member  of  said  departments,  and  the  widow  or 
children  ot  such  person  shall  be  entitled  to  all  benefits  hereby  secured 
to  other  members  of  this  organization. 

29b  How  money  paid  out  J  §  8.  All  moneys  ordered  to  be 
paid  from  said  relief  fund,  to  any  person  or  persons,  shall  be  paid  by 
the  treasurer  of  said  board  only  upon  warrants  signed  by  the  presi¬ 
dent  of  the  board  and  countersigned  by  the  secretary,  and  no  warrant 
shall  be  drawn  except  by  order  of  the  board,  duly  entered  in  the 
record  of  the  proceedings  of  the  board.  In  case  the  said  relief  fund, 
or  any  part  thereof,  shall,  by  order  of  the  said  board,  or  otherwise,  be 
deposited  in  any  bank,  or  loaned,  all  interest  on  money  which  may 
be  paid,  or  agreed  to  be  paid,  on  account  of  any  such  loan  or  deposit, 
shall  belong  to  and  constitute  a  part  of  said  fund.  Provided ,  that 
nothing  herein  contained  shall  be  construed  as  authorizing  the  said 
treasurer  to  loan  the  said  fund,  or  any  part  thereof,  unless  so  author¬ 
ized  by  said  board. 

295.  Repeal. J  §  9.  All  acts  or  parts  of  acts,  or  amendments 
thereto,  heretofore  enacted,  and  in  any  manner  conflicting  with  the 
provisions  of  this  act,  are  hereby  expressly  repealed. 


POLICE  MAGISTRATES. 

AN  ACT  to  .Tnthorize  the  election  of  police  magistrates  in  towns,  cities  and  villages 
where  the  same  are  not  now  provided  for  by  law.  [Approved  and  in  force  April 
13,  1875.] 

296.  Election  and  term  of  office— jurisdiction.]  §  7.  Be  it  en¬ 
acted  by  the  People  of  the  State  of  Illinois ,  represented  in  the  General 
Assembly ,  That  all  towns,  cities  and  villages  in  the  state  which  have 
been  incorporated  under  charters  granted  by  special  acts,  or  under  a 
general  act,  when  the  law  under  which  they  are  incorporated  does 
not  authorize  the  election  of  a  police  magistrate,  be  and  they  are 
hereby  authorized  to  elect  one  police  magistrate  at  the  first  annual 
election  of  town,  city  or  village  officers  that  shall  occur  after  the 
passage  of  this  act,  and  quadrennially  thereafter.  Such  police  mag¬ 
istrates  shall  hold  their  offices  for  the  same  term,  be  commissioned 
and  qualified,  and  have  the  same  jurisdiction  and  fees,  as  police  magis- 


GOVERNMENT  OF  THE  CITt  OF  MONMOUTH.  85 

trates  ot  villages  have  under  the  general  law  for  the  incorporation  of 
cities  and  villages. 

297.  Emergency .]  §  2.  As  the  first  annual  election  of  town, 

city,  and  village  officers  in  many  ot  the  towns,  cities  and  villages  in 
this  state  by  this  act  authorized  to  elect  a  police  magistrate,  will  occur 
before  the  first  day  of  July  next,  after  the  adjournment  of  this  Gen¬ 
eral  Assembly;  therefore  an  emergency  exists  requiring  this  act  to 
take  effect  immediately,  therefore  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage:  Provided ,  that  the  election  for 
police  m  igistrates  in  cities  that  have  one  or  more  police  magistrates, 
elected  under  a  former  organization  as  a  town  or  city,  shall  not  be 
held  until  the  term  for  which  said  police  magistrate  or  magistrates 
were  elected  has  expired. 


PUBLIC  BUILDINGS. 

AX  ACT  to  regulate  the  means  of  egress  from  public  buildings.  [Approved  March  28, 

1874.  In  force  July  1,  1874. J 

298.  Doors  to  open  outward .]  §  1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois ,  represented  in  the  General  Assembly ,  That 
all  public  buildings  now  in  process  of  construction,  or  hereafter  to  be 
built  or  constructed,  which  may  or  shall  be  used  for  churches,  school 
houses,  operas,  theatres,  lecture  rooms,  hotels,  public  meetings,  town 
halls,  or  which  may  or  shall  be  used  for  any  purpose  whereby  a  col¬ 
lection  of  people  may  be  assembled  together  for  religious  worship, 
amusement  or  instruction,  shall  be  so  built  and  constructed  that  all 
doors  leading  from  the  main  hall  or  place  where  said  collection  of 
people  may  be  assembled,  or  from  the  principal  room  which  may  be 
used  for  any  of  the  purposes  aforesaid,  shall  be  so  swung  upon  their 
hinges  and  constructed  that  such  doors  shall  open  outward;  and  that 
all  means  of  egress  for  the  public  from  the  main  hall  or  principal 
room,  and  from  the  building,  shall  be  by  means  of  doors  which  shall 
open  outwards  from  the  main  hall  or  building. 

299.  Penalty.]  §  2.  That  ar\y  person  or  persons  who  shall 
fail  or  refuse  to  comply  with  the  provisions  of  this  act  shall  be  fined 
in  any  sum  not  less  than  $100  nor  more  than  $1,000. 

300.  When  public  buildings  may  be  closed.]  §  3,  That  in  all 
cities  and  towns  having  a  population  of  two  thousand  inhabitants, 
and  upward,  the  mayor,  or  other  corporate  authorities  of  said  town  or 
city,  shall  be  empowered,  and  he  is  hereby  authorized  to  close  and 
prohibit  all  public  buildings,  hereafter  erected,  from  being  used  in 
violation  of  this  act. 


PUBLIC  PARKS. 

I 

AX  ACT  to  enable  park  commissioners  or  corporate  authorities  to  take,  regulate,  con¬ 
trol  and  improve  public  streets  leading  to  public  parks;  to  pay  for  the  improve¬ 
ment  thereof,  and  in  that  behalf  to  make  and  collect  a  special  assessment, or  special 
vux  on  contiguous  property.  [Approved  and  in  force  April  9,  1879. J 


86 


STATUTES  RELATING  TO  THE  MUNICIPAL 


301.  Drives  to  public  parks.]  §  1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois ,  represented  in  the  General  Assembly ,  That 
every  board  of  park  commissioners  shall  have  power  to  connect  any 
public  park,  boulevard  or  driveway  under  its  control,  with  any  part 
of  any  incorporated  city,  town  or  village,  by  selecting  and  taking  any 
connecting  street  or  streets  or  parts  thereof,  leading  to  such  park: 
Provided ,  that  the  streets  so  selected  and  taken,  so  far  as  taken,  shall 
lie  within  the  district  or  territory,  the  property  of  which  shall  be 
taxable  for  the  maintenance  of  such  park:  And ,  provded.  further , 
that  the  consent  of  the  corporate  authorities  having  control  of  any 
such  street  or  streets  so  far  as  selected  and  taken,  and  also  the  consent 
in  writing  of  the  owners  of  a  majority  of  the  frontage  of  the  lots  and 
lands  abutting  on  such  street  or  streets,  so  far  as  taken,  shall  be  first 
obtained:  And  provided,  further,  that  such  connection  or  improve¬ 
ment,  shall  embrace  only  such  street  or  streets,  as  are  necessary  ,  to 
form  one  continuous  improvement. 

302.  Taxes — special  assessments,  etc.  /  §  2.  That  such  board 
of  park  commissioners  or  such  corporate  authorities,  as  are  by  law 
authorized  to  levy  taxes  or  assessments  for  the  maintenance  of  such 
parks,  shall  have  power  to  improve  such  street  or  streets  in  such  man¬ 
ner  as  they  may  deem  best;  and  for  that  purpose  they  are  hereby 
authorized  to  pay  for  the  improvement  thereof,  and  from  time  to 
time,  to  levy  or  cause  to  be  levied  and  collected  a  special  tax  or  assess¬ 
ment  on  contiguous  property  abutting  upon  such  street  so  improved, 
for  a  sum  of  money  not  exceeding  the  estimated  cost  of  such  first 
improvement  or  improvements,  as  shall  be  ordered  and  estimated  by 
such  board  of  park  commissioners,  but  not  for  an}^  subsequent  repair 
thereof.  And  to  that  end  such  board  or  corporate  authorities  shall 
have  all  the  power  and  authority  now  or  hereafter  granted  to  them 
respectively,  relative  to  the  levy,  assessment  and  collection  of  taxes 
or  assessments  for  corporate  purposes.  And  such  special  taxes 
or  assessments  as  are  hereby  authorized,  may  be  divided  into  not 
exceeding  four  annual  installments,  bearing  interest  at  the  rate  of  six 
per  cent,  per  annum  from  the  date  of  confirmation  until  paid:  and 
the  said  assessment  or  installments  thereof  shall  be  collected  and 
enforced  in  the  same  manner  as  is  provided  by  law  for  the  collection 
and  enforcement  of  other  taxes  or  assessments,  for,  or  on  account  of 
such  corporate  bodies,  or  boards,  as  aforesaid,  so  far  as  the  same  are 
applicable. 

303.  Control  by  park  commissioners.]  §  3.  Such  park  boards 
shall  have  the  same  power  and  control  over  the  parts  of  streets  taken 
under  this  act,  as  are  or  may  be  bv  law  vested  in  them  of  and  concern- 
ing  the  parks,  boulevards  or  driveways  under  their  control. 

304.  Reversion  to  corporate  authorities — when.]  §  4.  In  case 
any  such  streets  or  parts  thereof,  shall  pass  from  the  control  of  any 
such  park  board,  the  power  and  authority  over  the  same,  granted  or 
authorized  by  this  act  shall  revert  to  the  proper  corporate  authorities 
of  such  city,  town  or  village,  respectively  as  aforesaid. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


87 


305.  City,  etc,,  may  grant  control  to  park  commissioners.]  §  5. 
Any  city,  town  or  village  in  this  state  shall  have  full  power  and 
authority  to  invest  any  of  such  park  boards  with  the  right  to  control, 
improve  and  maintain  any  of  the  streets  of  such  city,  town  or  village, 
tor  the  purpose  of  carrying  out  the  provisions  of  this  act. 

306.  Emergency .]  §  6.  Whereas ,  There  is  a  necessity  for  the 
immediate  construction  of  the  improvements  contemplated  in  this  act, 
therefore  an  emergency  exists  and  this  act  shall  take  effect  and  be  in 
force  from  and  after  its  passage. 


RAILROADS. 

AN  ACT  in  relation  to  fencing  and  operating  railroads.  [Approved  March  31,  1874.  In 

force  July  1,  1874.] 

^  vU  ^ 

«T*  T  *T*  *T*  *T*  *T*  *T*  “T* 

307.  Speed  through  cities ,  etc. — damages.]  §  24.  Whenever 
any  railroad  corporation  shall  by  itself  or  agents,  run  any  train,  loco¬ 
motive  engine,  or  car,  at  a  greater  rate  of  speed  in  or  through  the 
incorporated  limits  of  any  city,  town  or  village,  than  is  permitted  by 
any  ordinance  of  such  city,  town  or  village,  such  corporation  shall 
be  liable  to  the  person  aggrieved  for  all  damages  done  the  person  or 
property  by  such  train,  locomotive  engine  or  car;  and  the  same  shall 
be  presumed  to  have  been  done  by  the  negligence  of  said  corporation 
or  their  agents;  and  in  addition  to  such  penalties  as  may  be  provided 
by  such  city,  town  or  village,  the  person  aggrieved  by  the  violation 
of  any  of  the  provisions  of  this  section,  shall  have  an  action  against 
such  corporation,  so  violating  any  of  the  provisions  to  recover  a  pen¬ 
alty  of  not  less  than  one  hundred  dollars  ($100)  nor  more  than  two 
hundred  dollars  ($200),  to  be  recovered  in  any  court  of  competent 
jurisdiction;  said  action  to  be  an  action  of  debt,  in  the  name  ol  the 
people  of  the  state  of  Illinois,  for  the  use  of  the  person  aggrieved ;  but 
the  court  or  jury  trying  the  case  may  reduce  said  penalty  to  any  sum, 
not  less,  however,  than  fifty  dollars  ($50),  where  the  offense  com¬ 
mitted  by  such  violation  may  appear  not  to  be  malicious  or  willful: 
P>  • ovided ,  that  no  such  ordinance  shall  limit  the  rate  of  speed,  in  case 
of  passenger  trains,  to  less  than  ten  miles  per  hour,  nor  in  any  other 
case  to  less  than  six  miles  per  hour. 

^  vL*  ^  4/  •sLf 

*T*  *T*  *X*  T  *T*  *T*  'T*  T  'T* 

308.  Flagmen — shelter.  ]  §  35.  In  all  cases  where  the  public 
authorities  having  charge  of  any  street  over  which  there  shall  be  a 
railroad  crossing,  shall  notify  any  agent  of  the  corporation  owning, 
using  or  operating  such  railroad,  that  a  flagman  is  necessary  at  such 
crossing,  it  shall  be  the  dut\r  of  such  railroad  company,  within  sixty 
days  thereafter,  to  place  and  retain  a  flagman  at  such  crossing,  who 
shall  perform  the  duties  usually  required  of  flagmen;  and  such  flag¬ 
man  is  hereby  empowered  to  stop  any  and  all  persons  from  crossing 
a  railroad  track,  when,  in  his  opinion,  there  is  danger  from  approach- 


\ 


88  :  •  STATUTES  RELATING  TO  THE  MUNICIPAL 

ing  trains  or  locomotive  engines;  and  any  railroad  company  refusing 
or  neglecting  to  place  flagmen,  as  required  by  this  section,  shall  be 
liable  to  a  line  of  8100  per  day  for  every  day  they  shall  neglect  or 
refuse  to  do  so;  and  it  is  hereby  made  the  duty  of  such  public  author¬ 
ities  having  charge  of  such  street,  to  enforce  the  payment  of  such 
fine,  by  suit,  in  the  name  of  the  town  or  municipal  corporation  wherein 
such  crossing  shall  be  situate,  before  any  court  of  competent  juris¬ 
diction  in  the  county,  and  the  prosecuting  attorney  shall  attend  to 
the  prosecution  of  all  suits  as  directed  by  said  public  authorities.  All 
the  moneys  collected  under  the  provisions  of  this  act  shall  be  paid  into 
the  treasury  of  the  town  or  municipal  corporation  in  whose  name 
such  suits  shall  have  been  brought:  Provided,  that  when  an y  rail¬ 
road  company  is  required  to  keep  a  flagman  at  a  crossing,  it  shall  have 
the  right  to  erect  and  maintain  in  the  highway  or  street  crossed  a 
suitable  house  for  the  shelter  of  such  flagman,  the  same  to  be  so  loca¬ 
ted  as  to  create  the  least  obstruction  to  the  use  of  such  street  or  high¬ 
way,  and  afford  the  best  view  of  the  railroad  track  in  each  direction 
from  such  crossing. 


REGISTRATION  OF  ELECTORS. 

AN  ACT  for  the  registry  of  electors  and  to  prevent  fraudulent  voting.  [Approved  and 

in  force  February  15,  1865.] 

309.  Board  of  registration — meeting  —  register.]  §  7.  Be  it 
enacted  bg  the  People  of  the  State  of  Illinois  represented  in  the  General 
Assembly ,  That  the  persons  authorized  b\r  law,  or  appointed  pursuant 
to  any  town  or  city  ordinance,  to  act  as  judges  or  inspectors  of  elec¬ 
tions  in  any  town,  city  or  ward,  or  other  election  district  or  precinct 
in  this  state,  shall  constitute  a  u  Board  of  Registry”  for  their  respect¬ 
ive  towns,  cities,  wards,  districts,  or  precincts,  and  shall  meet  on 
Tuesday,  three  weeks  preceding  any  state  election,  at  nine  o’clock  a. 
m.,  and  proceed  to  make  a  list,  as  hereinafter  prescribed,  of  all  per¬ 
sons  qualified  and  entitled  to  vote  at  the  ensuing  election,  in  the 
election  district  of  which  they’  are  judges  or  inspectors;  which  list 
when  completed,  shall  constitute  and  be  known  as  the  “  Register”  of 
electors  of  said  election  district.  In  election  districts  in  towns  which 
lie  wholly  within  the  limits  of  an  incorporated  city,  a  register  of 
electors  shall  be  made  for  all  elections,  whether  general,  special,  local, 
or  municipal,  in  the  same  manner  as  herein  provided  in  the  case  of 
state  elections. 

310.  Manner  of  making  register,  etc,— first  meeting.  /  §2.  Said 
registers  shall  each  contain  a  list  of  the  persons  so  qualified  and  enti¬ 
tled  to  vote  in  said  election  district,  alphabetically  arranged,  accord¬ 
ing  to  their  respective  surnames,  so  as  to  show,  in  one  column,  the 
name  in  full  length,  and  in  another  column,  in  cities,  the  residence, 
by  the  number  of  the  dwelling,  if  there  be  a  number,  and  the  name 
of  the  street  or  other  location  of  the  dwelling  place  of  each  person.  • 
It  shall  be  the  duty  of  said  board  to  enter  in  said  lists  the  names  of 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


89 


all  persons  residing  in  their  election  district,  whose  name  appears  on 
the  poll  list  kept  in  said  district  at  the  last  preceding  election — in 
cities  the  number  of  the  dwelling  and  the  name  of  the  street  or  other 
location,  if  the  same  shall  be  known  to  or  can  be  ascertained  by  such 
board — and  for  this  purpose  said  board  are  authorized  to  take  from 
the  office  in  which  they  are  tiled  the  poll-lists  made  and  filed  by  the 
judges  or  inspectors  of  such  district,  at  the  election  held  next  prior 
to  the  making  of  such  register.  In  making  said  list,  the  board  shall 
enter  thereon,  in  addition  to  the  names  on  the  poll-list,  the  names  of 
all  other  persons  who  are  well  known  to  them  to  be  electors  in  said 
district:  and  the  names  of  all  persons  on  the  poll-list  who  have  died 
or  removed  from  the  district  shall  be  omitted  from  the  register.  The 
s  lid  board  shall  complete,  as  far  as  practicable,  the  said  register  on 
the  day  of  their  meeting,  aforesaid,  and  shall  make  two  copies  thereof, 
and  certify  the  register  and  each  of  the  copies  to  be  a  true  list  of  the 
voters  in  their  district,  so  far  as  the  same  are  known.  Within  two 
days  thereafter,  the  said  original  fist,  together  with  the  list  taken  from 
the  office,  as  aforesaid,  shall  be  filed  by  said  board  in  the  office  of  the 
town  clerk  of  the  town  in  which  said  election  district  may  be;  but  in 
counties  not  adopting  township  organization,  said  list  shall  be  filed 
with  the  judges  or  inspectors  of  election  of  the  proper  district,  or  if 
such  election  district  is  in  a  city,  then  it  shall  be  filed  in  the  office  of 
the  city  clerk  of  said  city.  And  one  copy  of  said  list  shall  be  kept 
by  one  of  said  judges  or  inspectors,  and  carefully  preserved  by  him 
for  their  use  on  the  day  or  days  hereinafter  mentioned,  for  the  revis¬ 
ion  and  correction  of  the  same.  One  copy  of  said  list  shall,  immedi¬ 
ately  after  its  completion,  be  posted  in  some  conspicuous  place  where 
the  last  preceding  election  in  said  district  was  held,  and  be  accessible 
to  any  elector  who  may  desire  to  examine  the  same  or  make  copies 
thereof.  Any  person  who  shall  take  down,  tear  down,  or  deface  any 
list,  so  posted,  shall  be  deemed  guilty  of  misdemeanor,  and  shall  be 
punished  by  a  fine  of  $50,  or  by  imprisonment  in  the  county  jail  for 
the  term  of  sixty  days,  or  by  both  fine  and  imprisonment. 

311.  New  election  districts.]  §  3.  In  case  a  new  election  dis¬ 
trict  shall  be  formed  by  the  organization  of  a  new  town,  or  by  the 
division  of  any  town  or  ward,  or  the  incorporation  of  a  city  or  town, 
the  judges  or  inspectors  of  the  election  in  the  new  district  thus  form¬ 
ed,  may  make  their  registry  of  electors  on  the  day  prescribed  by  this 
act,  in  such  manner  as  a  majority  of  them  may  direct,  and  for  that 
purpose  may  make  a  list,  or  cause  to  be  made  a  certified  copy  of  the 
poll  list  or  lists  of  the  district  in  which  such  new  district  is  situated, 
or  the}7  may  dispense  with  such  list  or  lists,  and  proceed  to  make  a 
register  of  electors,  from  the  best  means  at  their  command.  Said  lists 
shall  only  embrace  the  names  of  such  persons  as  are  known  to  them 
to  be  electors  in  their  district,  and  shall  be  posted  up,  and  copies 
thereof  made,  as  prescribed  in  the  preceding  section,  and  shall  be  cor¬ 
rected  in  the  same  manner  that  other  lists  are  corrected. 

312.  Revision  register — second  meeting.]  §  4.  The  said  board 


90 


STATUTES  RELATING  TO  THE  MUNICIPAL 


shall  again  meet  on  Tuesday  of  the  week  preceding  the  said  elections, 
in  their  respective  election  districts,  at  the  place  designated  for  hold¬ 
ing  the  polls  of  the  election,  for  the  purpose  of  revising,  correcting 
and  completing  said  lists;  and  for  this  purpose,  in  cities,  they  shall 
meet  at  eight  o’clock  in  the  morning,  and  remain  in  session  until  nine 
o’clock  p.  m.,  and  in  other  districts  they  shall  meet  at  nine  o’clock 
in  the  morning,  and  remain  in  session  until  four  o’clock  p.  m. 

313.  Proceedings  open — corrections ,  etc.]  §  5.  The  proceedings 
of  said  board  shall  be  open,  and  all  persons  residing  and  entitled  to 
vote  in  said  district  shall  be  entitled  to  be  heard  by  said  board,  in  re¬ 
lation  to  corrections  or  additions  to  said  register.  One  of  the  lists  so 
kept  by  the  judges  or  inspectors,  as  aforesaid,  shall  be  used  by  them, 
on  the  day  or  days  of  making  corrections  or  additions,  for  the  purpose 
of  completing  the  registry  for  such  district. 

314.  Revising  register — addition  of  new  names.  J  §  6.  It  shall 
be  the  duty  of  said  board,  at  their  meeting  for  revising  and  correcting 
said  lists,  to  erase  therefrom  the  name  of  any  person  inserted  therein, 
who  shall  be  proved  by  the  oath  of  two  legal  voters  of  said  district, 
to  the  satisfaction  of  said  board,  to  be  non-resident  ot  said  district,  or 
otherwise  not  entitled  to  vote,  in  said  district,  at  the  election  then 
next  to  be  held.  Any  elector  residing  in  said  district,  and  entitled  to 
vote  therein,  may  appear  before  said  board,  and  require  his  name  to 
be  recorded  on  said  alphabetical  list.  Any  person  so  requiring  his 
name  to  be  so  entered  on  said  lists,  shall  make  the  same  statement  as 
to  the  street  and  number  thereof,  and  where  he  resides,  required  by 
the  provisions  of  this  act  of  persons  offering  their  votes  at  elections, 
and  shall  be  subject  to  the  same  penalties  for  refusing  to  give  such 
information,  or  for  falsely  giving  the  same,  and  shall  also  be  subject 
to  challenge,  either  by  the  judges  or  inspectors,  or  either  of  them,  or 
by  any  other  elector  whose  name  appears  on  said  alphabetical  list; 
and  the  said  oaths  may  be  administered  by  the  judges  or  inspectors  as 
now  provided  in  case  ot  persons  offering  to  vote  at  an  election;  and  in 
case  no  challenge  is  made  of  any  person  requiring  his  name  to  be  en¬ 
tered  on  said  alphabetical  list,  or  in  case  ot  challenge,  if  such  person 
shall  make  oath  that  would  entitle  him  to  vote  in  case  ot  challenge  at 
an  election,  then  the  name  of  any  such  person  shall  be  added  fo  the 
alphabetical  poll  list  of  the  last  preceding  year. 

315.  Copies  of  register— filing — deliver  to  judges — voting — su' ear¬ 
ing  in  vote ,  etc.]  §  7.  After  said  lists  shall  have  been  fully  com¬ 
pleted,  the  said  board  shall,  within  three  days  thereafter,  cause  two 
copies  of  the  same  to  be  made,  each  of  which  shall  be  certified  by 
them  to  be  a  correct  list  of  the  voters  of  their  district;  one  of  which 
shall  be  filed  in  the  office  of  the  town  clerk  of  towns,  and  in  the  office 
of  city  clerks  of  cities;  and  one  of  which  copies  shall  be  delivered  to 
said  judges  or  inspectors.  It  shall  be  the  duty  of  the  said  judges  or 
inspectors  so  receiving  such  list,  carefully  to  preserve  the  said  list  for 
their  use  on  election  day,  and  to  designate  two  of  their  number,  at  the 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


91 

opening  of  the  polls,  to  check  the  name  of  every  voter  voting  in  such 
district  whose  name  is  on  the  register.  No  vote  shall  be  received  at 
any  state  election  in  this  state,  if  the  name  of  the  person  offering  to 
vote  be  not  on  the  said  register  made  on  the  Tuesday  preceding  the 
election,  unless  the  person  offering  to  vote  shall  furnish  to  the  judges 
of  the  election  his  affidavit,  in  writing,  stating  therein  that  he  is  an 
inhabitant  of  said  district,  and  entitled  to  vote  therein  at  such  elec¬ 
tion.  and  prove  by  the  oath  of  a  householder  and  registered  voter  of 
the  district  in  which  he  offers  to  vote,  that  he  knows  such  person  to 
be  an  inhabitant  of  the  district,  and  if  in  any  city,  giving  the  resi¬ 
dence  of  such  person  within  said  district.  The  oath  may  be  adminis¬ 
tered  by  one  of  the  judges  or  inspectors  of  the  election,  at  the  poll 
where  the  vote  shall  be  offered,  or  by  any  other  person  authorized  to 
administer  oaths,  but  no  person  shall  be  authorized  to  receive  com¬ 
pensation  for  administering  the  oath.  Said  oath  shall  be  preserved, 
and  filed  in  the  office  of  the  town  or  city  clerk,  or  in  case  there  be  no 
clerk,  then  said  oath  shall  be  filed  with  and  preserved  by  the  judges 
or  inspectors  of  the  proper  district.  Any  person  may  be  challenged, 
and  the  same  oaths  shall  be  put  as  now  are  or  hereafter  may  be  pres¬ 
cribed  by  law. 

316.  Entry  on  register  by  clerks — non- registered  voter — penalty. J 
§  8.  The  clerks  at  each  poll,  in  addition  to  the  duties  now  prescribed 
by  law,  shall  enter  on  the  poll  list  kept  by  them,  in  columns  prepared 
for  that  purpose,  opposite  the  name  of  each  person  voting,  the  same 
statement  or  minute  as  hereinbefore  required  of  the  board  in  making 
the  registry:  but  such  entry  is  not  to  be  made  by  them  if  the  registry 
contains  correctly  the  name  and  residence  of  such  voter;  and  in  all 
cases  said  clerk  shall  enter  in  a  column  opposite  the  name  of  each 
person  not  registered,  the  words  “not  registered.”  In  cities,  every 
elector,  at  the  time  of  offering  his  vote,  shall  truly  state  the  street  in 
which  he  resides,  and  if  the  house,  lodging  or  tenement  in  which  he 
resides  is  numbered,  the  number  thereof.  And  the  clerks  of  the  polls 
in  case  the  name  of  such  elector  is  not  registered,  shall  truly  enter  in 
the  appropriate  column  of  the  poll  list,  opposite  the  name  of  the  elec¬ 
tor,  the  street  in  which  the  elector  resides,  and  the  number,  in  case 
the  house,  lodging  or  tenement  is  numbered;  and  if  the  same  is  not 
numbered,  then  the  clerk  shall  enter  “not  numbered”  in  the  column 
of  the  poll  list  for  entering  the  number.  In  case  of  refusal  to  make 
the  statement  as  aforesaid,  the  vote  of  such  an  elector  shall  not  be 
received.  Any  person  who  shall  willfully  make  anv  false  statement 
in  relation  thereto,  shall  be  deemed  guilty  of  misdemeanor,  and  shall, 
upon  conviction,  be  punished  with  a  fine  of  $50,  or  by  imprisonment 
in  the  county  jail  in  the  county  for  a  period  of  ten  days,  or  by  both 
such  fine  and  imprisonment. 

317.  Poll  list  and  reqister  to  be  filed. ~\  §  9.  After  the  canvass 
of  the  votes,  one  of  said  poll  lists  and  said  register  so  kept  and 
checked,  as  aforesaid,  shall  be  attached  together,  and  shall,  on  the 
following  day,  be  filed  in  the  town  or  city  clerk's  office  (as  the  case 


92 


STATUTES  RELATING  TO  THE  MUNICIPAL 


may  be)  in  which  said  district  may  be,  or  in  case  there  be  no  such 
clerk,  then  such  poll  lists  and  register  shall  be  filed  with  and  pre¬ 
served  by  the  judges  or  inspectors,  to  be  used  by  the  board  of  regis¬ 
try  in  making  the  list  of  voters  at  the  next  state  election;  the  other 
of  said  poll  lists  and  registers,  so  kept  and  checked,  shall  be  returned 
to  the  office  of  the  county  clerk  in  the  county  in  which  said  district 
may  be,  at  the  same  time  the  returns  of  the  election  are  made. 

[  §  10  is  repealed  by  act  March  27,  1874.] 

318.  Registers  open  to  inspection.]  §  11.  The  registers  shall  at 
all  times  be  open  to  public  inspection,  at  the  office  of  the  authorities 
in  which  they  shall  be  deposited,  without  charge. 

319.  Compensation.  I  §12.  That  the  members  of  the  board  of 
registration  shall  each  receive  $2  per  day  for  each  day  actually  em¬ 
ployed  in  the  making  and  completion  of  the  registry,  not  exceeding- 
two  days,  to  be  paid  to  them  at  the  time  and  in  the  manner  in  which 
they  are  paid  their  other  fees. 

320.  Preserving  order. J  §  13.  The  said  board  shall  have  and 
exercise  the  same  power  in  preserving  order  at  their  meetings,  under 
this  act,  as  are  given  to  judges  or  inspectors  of  elections  for  preserv¬ 
ing  order  on  election  days:  and  vacancies  in  said  board  shall  be  filled 
in  the  same  manner  that  vacancies  are  now  filled  at  elections. 

321.  Fraudulent  registration ,  false  smearing ,  etc.]  §  14.  Any 
person  who  shall  cause  his  name  to  be  registered  in  more  than  one 
election  district,  or  who  shall  cause  his  name  to  be  registered,  know¬ 
ing  that  he  is  not  a  qualified  voter  in  the  district  where  said  registry 
is  made,  or  who  shall  falsely  personate  any  registered  voter,  and  any 
person  causing,  aiding  or  abetting  any  person,  in  any  manner,  in 
either  of  said  acts,  shall  be  punished,  for  each  and  every  offense,  by 
imprisonment  in  ihe  state  prison  for  not  less  than  one  year.  Ail 
intentional  false  swearing  before  said  board  of  registration  shall  be 
deemed  willful  and  corrupt  perjury,  and,  on  conviction,  punished  as 
such.  If  any  member  or  officer  of  said  board  shall  willfully  violate 
any  of  the  provisions  of  this  act,  or  be  guilty  of  any  fraud  in  the 
execution  of  the  duties  of  his  office,  he  shall  be  punished  for  each  and 
every  offense,  by  imprisonment  in  the  state  prison  for  not  less  than 

one  year. 

•/ 

[§§  15  and  16  are  repealed  by  implication,  the  acts  to  which  they 
refer  being  repealed.  §  17  was  only  of  temporary  effect.] 

322.  Blanks  to  be  furnished. J  §  18.  The  necessary  blanks  for 

making  the  registers  required  by  law,  shall  be  prepared  by  the  secre¬ 
tary  of  state  and  transmitted  to  the  persons  entitled  to  receive  them, 
in  the  same  manner  that  blank  returns  of  elections  are  now  trans¬ 
mitted.  t 

|~§  19  is  repealed  by  implication,  the  act  to  which  it  refers  being 
repealed.] 


G0YERME5TT  OF  TIER  CITY  OF'MOttMOWH:  93’ 

323.  Time  act  takes  effect,  j  §  20.  This  act  shall  be  in  force 
from  and  after  its  passage.  * 


KEVENUE. 

AN  ACT  for  the  assessment  of  property  and  for  the  levy  and  collection  of  taxes. 

[Approved  March  30,  187*2.  In  force  July  1,  1872.] 

***%****** 

324.  Certificate  of  rates.]  §  122.  The  proper  authorities  of 
towns,  townships,  districts,  and  incorporated  cities,  towns,  and  vil¬ 
lages,  collecting  taxes  under  the  provisions  of  this  act,  shall  annually, 
on  or  before  the  second  Tuesday  in  August,  certify  to  the  county 
clerk  the  several  amounts  which  they  severally  require  to  be  raised  by 
taxation,  anything  in  their  respective  characters,  or  in  acts  hereto¬ 
fore  passed  by  the  general  assembly  of  this  state,  to  the  contrar}7 
notwithstanding. 

*  *  *  *  *  * 

325.  Return  of  delinquent  special  assessment .]  §178.  When 
any  special  assessment  made  by  any  city,  town  or  village,  pursuant 
to  its  charter,  or  by  any  corporate  authorities,  commissioners  or  per¬ 
sons,  pursuant  to  law,  remain  unpaid  in  whole  or  in  part’  return 
thereof  shall  be  made  to  the  county  collector  on  or  before  the  tenth 
day  of  March  next  after  the  same  shall  have  become  payable,  in  like 
forms  as  returns  are  made  for  delinquent  land  tax.  County  collectors, 
shall  collect,  account  for,  and  pay  over  the  same  to  the  authorities  or 
persons  having  authority  to  receive  the  same,  in  like  manner  as  they 
are  required  to  collect,  account  for  and  pay  over  taxes.  The  county 
collector  may.  upon  return  of  delinquent  special  assessments  to  him, 
transfer  the  amounts  thereof  from  such  returns  to  the  tax  books  in 
his  hands,  setting  down  therein,  opposite  the  respective  tracts,  or  lots, 
in  proper  columns  to  be  prepared  for  that  purpose,  the  amounts  as¬ 
sessed  against  such  tract  or  lot. 

AN  ACT  in  relation  to  the  collection  of  taxes  and  special  assessments.  [Approved  and 

in  force  May  2,  1873.] 

*************  ***: 

326.  City  may  buy  in  at  sale.]  §  3.  Any  incorporated  city, 
town  or  village,  or  corporate  authorities,  commissioners,  or  persons 
interested  in  any  such  special  assessment  or  installment  thereof,  may 
become  purchaser  at  any  sale,  and  may  designate  and.  appoint  some 
officer  or  person  to  attend  and  bid  at  such  sale  on  its  behalf. 


SCHOOLS. 

AN  ACT  to  establish  and  maintain  a  system  of  tree  schools.  [Approved  April  1, 1872. 

In  force  July  1,1872.] 

************ 

327.  Liabilities  of  officers  converting  funds.]  §  73.  If  any 


94 


STATUTES  RELATING  TO  THE  MUNICIPAL 


county  superintendent,  trustee  of  schools,  township  treasurer,  director 
or  any  other  person  intrusted  with  the  care,  control,  management  or 
disposition  of  any  school,  college,  seminary  or  township  fund  for  the 
use  of  any  county,  township,  district  or  school,  shall  convert  such 
funds,  or  any  portion  thereof,  to  his  own  use,  he  shall  be  liable  to 
indictment,  and  upon  conviction  shall  be  fined  in  not  less  than 
double  the  amount  of  money  converted,  and  imprisoned  in  the  county 
jail  not  less  than  one,  nor  more  than  twelve  months,  at  the  discretion 
of  the  court. 

*  *  *  *  *  *  *  *  *  *„** 

328.  Realty  of  school  officers  held. J  §  75.  The  real  estate  of 
county  superintendents,  of  township  treasurers,  and  all  other  school 
officers,  and  of  securities  of  each  of  them,  shall  be  bound  for 
the  satisfaction  and  payment  of  all  claims  and  demands  against  said 
superintendents  and  treasurers  and  other  officers,  as  such,  from  the 
date  of  issuing  process  against  them,  in  actions  or  suits  brought  to 
recover  such  claims  or  demands,  until  satisfaction  thereof  be  obtained; 
and  no  sale  or  alienation  of  real  estate  by  any  superintendent,  treas¬ 
urer  or  other  officer,  or  security  aforesaid,  shall  defeat  the  lien  created 
by  this  section,  but  all  and  singular  such  real  estate  held,  owned  or 
claimed  as  aforesaid,  shall  be  liable  to  be  sold  in  satisfaction  of  any 
judgment  which  may  be  obtained  in  such  actions  or  suits. 

329.  Officers  responsible  for  losses. J  §  77.  County  superin¬ 
tendents,  trustees  of  schools,  directors  and  township  treasurers,  or 
either  of  them,  and  any  other  officer  having  charge  of  school  funds 
or  property,  shall  be  responsible  for  all  lossess  sustained  by  any 
county,  township  or  school  fund,  ‘by  reason  of  any  failure  on  his  or 
their  part  to  perform  the  duties  required  of  him  or  them  by  this  act, 
or  by  any  rule  or  regulation  authorized  to  be  made  by  this  act;  and 
each  and  every  one  of  the  officers  aforesaid  shall  be  liable  for  any 
such  loss  sustained  as  aforesaid,  and  the  amount  thereof  may  be  re¬ 
covered  in  a  civil  action  before  any  court  having  jurisdiction  thereof, 
at  the  suit  of  the  state  of  Illinois  for  use  of  the  county,  township  or 
fund  injured;  and  the  amount,  when  collected,  shall  be  paid  to  the 
proper  officer,  for  the  benefit  of  said  county,  township  or  fund  injured. 

************ 

330.  JSFo  cost  taxed  against  school  officers .]  §  78.  No  justice 
of  the  peace,  probate  justice,  constable,  clerk  of  any  court,  or  sheriff, 
shall  charge  any  costs  in  any  suit,  where  any  agent  of  any  school 
fund,  suing  for  the  recovery  of  the  same,  or  any  interest  due  thereon, 
is  plaintiff,  and  shall  be  unsuccessful  in  such  suit. 

********** 

331.  Cities  and  villages.  I  §  80.  Incorporated  cities  and  vil¬ 
lages.  except  such  as  now  have  charge  and  control  of  free  schools  by 
special  acts,  shall  be  and  remain  parts  of  the  school  townships  in 
which  they  are  respectively  situated,  and  be  subject  to  the  general 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH.  95 

provisions  of  the  school  law,  except  as  otherwise  provided  in  this 
section. 

332.  Boards  of  education .]  In  all  school  districts  having  a 
population  ot  not  less  than  two  thousand  inhabitants,  and  not  gov¬ 
erned  by  any  special  act  in  relation  to  free  schools  now  in  force, 
there  shall  be  elected,  instead  of  the  directors  provided  by  law  in 
other  districts,  a  board  of  education,  to  consist  of  six  members  and 
three  additional  members  for  ever}^  additional  ten  thousand  inhabi- 
t  mts,  to  be  elected  in  the  manner  provided  by  section  42  of  this  act, 
for  the  election  of  school  directors.  At  the  first  election  of  directors 
succeeding  the  passage  of  this  act,  in  any  district  having  a  population 
of  not  less  than  two  thousand  inhabitants  by  the  census  of  1870, 
and  in  such  other  districts  as  may  hereafter  be  ascertained  by  any 
special  or  general  census  to  have  a  population  of  not  less  than  two 
thousand  inhabitants,  at  the  first  election  of  directors  occurring  after 
taking  such  special  or  general  census,  there  shall  be  elected  a  board 
of  education,  who  shall  be  the  successors  of  the  directors  of  the  dis¬ 
trict;  and  all  rights  of  property  and  rights  and  causes  of  action  exist¬ 
ing  or  vested  in  such  directors  shall  vest  in  said  board  of  education  in 
as  full  and  complete  a  manner  as  was  vested  in  the  school  directors. 

333.  Term  of  office .]  Such  board,  at  its  first  meeting,  shall  fix 
by  lot  the  terms  of  office  of  its  members,  so  that  one-third  shall  serve 
tor  one  year,  one-third  for  two  years,  and  one-third  for  three  years; 
and  thereafter  one -third  of  the  members  shall  be  elected  annually,  on 
the  first  Saturday  in  April,  to  fill  the  vacancies  occurring,  and  to 
serve  for  the  term  of  three  years. 

334.  Powers  of  board.  |  Such  board  shall  have  power,  and  it 
shall  be  their  duty,  in  addition  to  or  inclusive  ot  the  powers  and 
duties  of  school  directors: 

First — To  establish  and  support  free  schools  not  less  than  six  nor 
more -than  ten  months  in  each  year. 

Second — To  repair  and  improve  school  houses,  and  furnish  them 
with  the  necessary  fixtures,  furniture,  apparatus,  libraries  and  fuel. 

Third — To  buv  or  lease  sites  for  school  houses,  with  the  neces- 
sarv  grounds. 

Fourth — To  establish  schools  of  different  grades,  and  make  regu¬ 
lations  for  the  admission  of  pupils  into  the  same. 

Fifth — To  levy  a  tax  annually  upon  the  taxable  property  of  the 
district,  in  the  manner  provided  by  section  44  of  this  act,  for  the  pur¬ 
pose  of  supporting  and  maintaining  free  schools  in  accordance  with 
the  powers  herein  conferred:  Provided,  that  it  shall  not  be  lawful 
for  such  board  of  education  to  purchase  or  locate  a  school  house  site, 
to  purchase,  build  or  move  a  school  house,  or  levy  a  tax  to  extend 
schools  beyond  the  period  of  ten  monfhs  in  each  .year,  except  upon 
petition  of  a  majority  of  the  voters  of  the  district. 


96 


STATUTES  RELATING  TO  THE  MUNICIPAL 


Sixth — To' examine  and  employ  teachers,  and  fix  the  amount  of 
their  salaries. 

Seventh — To  employ,  should  they  deem  it  expedient,  a  competent 
and  discreet  person  or  persons  as  superintendent  or  superintendents 
of  schools,  and  fix  and  pay  a  proper  salary  or  salaries  therefor;  and 
such  superintendent  may  be  required  to  act  as  principal  or  t eacher  in 
such  schools. 

Eighth — To  lay  off  and  divide  the  district  into  sub-districts,  and 
from  time  to  time  to  alter  the  same,  create  new  ones,  and  consolidate 
them. 

Ninth — To  visit  all  the  public  schools  as  often  as  once  a  month, 
to  inquire  into  the  progress  of  scholars,  and  the  government  of  the 
schools;  to  prescribe  the  method  and  course  of  discipline  and  instruc¬ 
tion  in  the  respective  schools,  and  to  see  that  they  are  maintained 
and  pursued  in  the  proper  manner.  They  shall  have  power  to  expel 
any  pupil,  who  may  be  guilty  of  gross  disobedience  or  misconduct, 
and  to  dismiss  and  remove  any  teacher,  whenever,  in  their  opinion, 
he  or  she  is  not  qualified  to  teach,  or  whenever  from  any  cause  the 
interests  of  the  schools  may,  in  their  opinion,  require  such  removal  or 
dismission.  They  shall  have  power  to  apportion  the  scholars  to  the 
several  schools.  It  shall  be  the  duty  of  the  board  of  education  to 
establish  all  such  by-laws,  rules  and  regulations  for  the  government, 
and  for  the  establishment  and  maintenance  of  a  proper  and  uniform 
system  of  discipline  in  the  several  schools,  as  may,  in  their  opinion, 
be  necessary. 

835.  School  property — supplies .]  It  shall  be  the  duty  of  said 
board  to  take  charge  of  the  school-houses,  furniture,  ground  and 
other  property  belonging  to  the  district,  and  see  that  the  same  are 
kept  in  good  condition  and  not  suffered  to  be  unnecessarily  injured 
or  deteriorated,  and  also  to  provide  fuel  and  such  other  necessaries 
for  the  schools  as,  in  their  opinion,  may  be  required  in  the  school 
houses  or  other  property  belonging  to  the  districts. 

836.  Pi  • esident — secretary — record.  ]  The  said  board  shall  ap¬ 
point  a  president  (who  shall  be  one  of  their  own  number)  and  a 
secretary,  and  provide  themselves  with  a  well  bound  book,  at  the 
expense  of  the  school-tax  fund,  in  which  shall  be  kept  a  faithful 
record  of  all  their  proceedings. 

337.  Yeas  and  nays. ]  The  yeas  and  nays  shall  be  taken  and 
entered  on  the  records  of  the  proceedings  of  the  board,  upon  all  ques¬ 
tions  involving  the  expenditure  of  money. 

338.  Powers  exercised  only  at  meetings.']  None  of  the  powers 
herein  conferred  upon  the  board  of  education  shall  be  exercised  by 
them  except  at  a  regular  or  special  meeting  of  the  board. 

339.  Report  to  he  published.]  The  board  of  education  shall 
annually  prepare  and  publish  in  some  newspaper,  or  in  pamphlet 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


97 


form,  a  report  of  the  number  of  pupils  instructed  in  the  year  preced¬ 
ing.  the  several  branches  of  education  pursued  by  them,  of  the 
number  of  persons  between  the  ages  of  twelve  and  twenty-one  unable 
to  read  and  write,  and  the  receipts  and  expenditures  of  each  school, 
specifying  the  source  of  such  receipts  and  the  objects  of  such  expend¬ 
itures. 

340.  Township  treasure)'  to  have  charge  of  funds.]  All  convey¬ 
ances  of  real  estate  shall  be  made  to  the  township  trustees,  in  trust 
for  the  use  of  schools,  and  no  conveyance  of  any  real  estate  or  inter 
est.  therein,  used  for  school  purposes  or  held  in  trust  for  schools,  shall 
be  made  except  by  the  board  of  trustees,  upon  the  written  request  of 
such  board  of  education. 

341.  School  funds  subject  to  order  of  hoard.]  All  moneys  raised 
by  taxation  for  school  purposes  or  received  from  the  state  common 
school  fund,  or  from  any  other  source  for  school  purposes,  shall  be 
held  by  the  township  treasurer  as  a  special  fund  for  school  purposes, 
subject  to  the  order  of  the  board  of  education,  upon  warrants  signed 
by  the  president  and  secretary  thereof. 

342.  Special  law  may  be  abandoned.  ]  Any  city,  incorporated 
town,  township  or  district  in  which  the  free  schools  are  now  managed 
under  any  special  act,  may,  by  a  vote  of  its  electors,  cease  to  control 
such  schools  under  such  special  act,  and  become  a  part  of  the  school 
township  in  which  it  is  situated,  and  subject  to  the  control  ot  the 
trustees  thereof  under  and  according  to  the  provisions  of  this  act. 

343.  Vote — organization  under  general  law. J  Upon  petition  of 
fifty  voters  of  such  city,  town,  township  or  district,  presented  to  the 
board  having  the  control  and  management  of  schools  in  such  city, 
town,  township  or  district,  it  shall  be  the  duty  of  such  board,  at  the 
next  ensuing  election  to  be  held  in  such  city,  town,  township  or  dis¬ 
trict,  to  cause  to  be  submitted  to  the  voters  thereof,  giving  not  less 
than  fifteen  days’  notice  thereof  by  posting  not  less  than  five  notices 
in  the  most  public  places  in  such  city,  town,  township  or  district,  the 
question  of  “Organization  under  the  Free  School  Law;”  and  if  it  shall 
appear,  on  a  canvass  of  the  returns  of  said  election,  that  a  majority  of 
the  votes  cast  at  such  election  are  *‘For  Organization  under  the  Free 
School  Law.”  then  at  the  next  ensuing  regular  meeting  of  the  board 
of  trustees  of  the  township  or  townships  in  which  such  city,  incor¬ 
porated  town,  township  or  district  is  situated,  said  trustees  shall  pro¬ 
ceed  to  redistrict  the  township  or  townships  as  aforesaid,  in  such 
manner  as  shall  suit  the  wishes  and  convenience  of  a  majority  of  the 
inhabitants  in  their  respective  townships,  and  to  make  division  of 
funds  and  other  property  in  the  manner  provided  by  section  33  of  this 
act,  and  at  the  next  ensuing  election  of  director,  directors,  or  a  board 
of  education,  as  the  case  may  be,  shall  be  elected  in  each  of  the  new 
districts  so  formed,  as  provided  in  section  42  of  this  act. 

AN  ACT  to  protect  colored  children  in  their  rights  to  attend  public  schools.  [Approved 

March  24,  1874.  In  force  July  1,  1874.] 


98 


STATUTES  RELATING  TO  THE  MUNICIPAL 


344.  Xo  exclusion  for  color. J  §  l.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois,  represented  in  the  General  Assembly .  That  all 
directors  of  schools,  boards  of  education,  or  other  school  officers 
whose  duty  it  now  is,  or  may  be  hereafter,  to  provide,  in  their  respect¬ 
ive  jurisdictions,  schools  for  the  education  of  ail  children  between  the 
ages  of  six  and  twenty-one  years,  are  prohibited  from  excluding, 
directly,  or  indirectly,  any  such  child  from  such  school  on  account  ot 
the  color  of  such  child. 


SEWERAGE. 

AN  ACT  to  enable  cities,  towns  and  villages  to  contract  with  each  other  for  sewerage. 

[Approved  May  14,  1879.  In  force  July  1,  1879. 

345.  May  contract  for  sewerage,  etc.]  §  1.  Be  it  enacted  by  the 
People  (f  the  State  of  Illinois,  represented  in  the  General  Assembly. 
That  whenever  any  city,  or  incorporated  town  or  village,  shall  be 
adjacent  cr  contiguous  to  any  other  city  or  incorporated  town  or  vil¬ 
lage,  they  shall  be  authorized  to  contract  with  each  other  upon  such 
terms  as  may  be  agreed  upon  between  them,  to  allow  and  permit  the 
one  the  use  and  benefit  of  any  sewer  or  drain,  or  of  any  system  of 
sewerage  or  drainage  heretofore  constructed,  or  which  may  be  here¬ 
after  constructed  by  the  other,  and  further  that  any  such  sewer  or 
drain  or  sj^stem  of  sewerage  or  drainage  constructed  or  which  may 
hereafter  be  constructed  by  the  one.  may  be  extended  or  furnished  io 
the  inhabitants  of  the  other,  and  they  may  by  contract  with  each 
other  provide  for  the  joint  construction  of  any  sewer  or  drain  by  the 
municipalities  so  contracting,  and  for  the  common  use  thereof  by  the 
inhabitants  of  such  municipalities. 

346.  Hou'  contract  made.']  §  2.  The  contract  contemplated  in 
section  one  of  this  act  may  be  made  bv  ordinance  or  resolution  duly 
enacted  or  passed  by  the  common  council,  board  of  trustees,  or  other 
proper  legislative  authority  of  the  city  or  incorporated  town  or  village 
proposing  such  contract,  and  ratified  or  assented  to  by  ordinance  or 
resolution  duly  enacted  or  passed  by  the  common  council,  board  of 
trustees,  or  other  proper  legislative  authority  of  the  city  or  incorpor¬ 
ated  town  or  village  confirming  or  agreeing  to  such  contract,  and 
every  such  contract,  when  ratified  or  confirmed  by  the  proper  cor¬ 
porate  authorities  of  the  municipal  corporations  who  are  parties 
thereto,  shall  be  in  all  respects  valid  and  binding. 


SIDEWALKS. 

AN  ACT  to  provide  additional  means  for  the  construction  of  sidewalks  in  cities,  towns 
and  villages.  [Approved  April  15,  1875.  In  force  July  1,  1875. 

347.  Sidewalks  by  taxation.]  §  1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois ,  represented  in  the  General  Assembly,  That  in 
addition  to  the  mode  now  authorized  by  lawr,  any  city  or  incorporated 


GOYERNirEJTT  OF  THE  CITY  OF  MOTOIOFTH.  99 

town  or  village  may,  by  ordinance,  provide  for  the  construction  of 
sidewalks  therein,  or  along  or  upon  any  street,  or  part  of  street  therein, 
and  may,  by  such  ordinance,  provide  for  the  payment  of  the  whole  or 
any  part  of  the  cost  thereof,  by  special  taxation  of  the  lot.  lots,  or 
parcels  of  land  touching  upon  the  line  where  any  such  sidewalk  shall 
be  ordered,  and  such  special  taxation  may  be  either  by  a  levy  upon 
any  lot  of  the  whole,  or  any  part  of  the  cost  of  making  any  such  side¬ 
walk  in  front  of  such  lot  or  parcel  of  land,  or  by  levying  the  whole 
or  any  part  of  the  cost  upon  each  of  the  lots  or  parcels  of  land  touch¬ 
ing  upon  the  line  of  such  sidewalk,  pro  rata  upon  each  of  said  lots  or 
parcels,  according  to  their  respective  values — the  values  to  be  deter¬ 
mined  by  the  last  preceding  assessment  thereof,  for  the  purpose  of 
st  ite  and  county  taxation;  or  the  whole  or  any  part  of  the  cost  there¬ 
of  may  be  levied  upon  such  lots  or  parcels  of  land,  in  proportion  to 
their  frontage  upon  such  sidewalks,  or  in  proportion  to  their  super¬ 
ficial  area,  as  may  be  provided  by  ordinance,  ordering  the  laying  down 
of  such  sidewalk;  and  in  case  such  ordinance  shall  only  require  the 
payment  of  a  part  of  the  cost  of  such  sidewalk  to  be  paid  by  a  special 
t  ix  as  aforesaid,  then  the  residue  of  such  cost  shall  be  paid  out  of  any 
fund  of  such  city,  town,  or  village,  raised  b%y  generel  taxation  upon 
the  property  thereof,  and  not  otherwise  appropriated. 

348.  What  ordinance  may  provide.]  §2.  Said  ordinance  shall 
define  the  location  of  such  proposed  sidewalk  with  reasonable  cer¬ 
tainty,  shall  prescribe  its  width,  the  materials  of  which  it  shall  be 
constructed,  and  the  manner  of  its  construction,  and  may  provide 
that  the  materials  and  construction  shall  be  under  the  supervision  of, ' 
and  subject  to,  the  approval  of  some  officer  or  board  of  officers  of  such 
city,  town,  or  village,  to  be  designated  in  such  ordinance.  Said  or¬ 
dinance  shall  be  published  as  required  by  law'  for  other  ordinances  of 
said  city,  town,  or  village,  and  may  require  all  owners  of  lots  or  par¬ 
cels  of  land  touching  the  line  of  said  proposed  sidewalk,  to  construct 
a  sidewalk  in  front  of  their  respective  lots  or  parcels,  in  accordance 
with  the  specifications  of  said  ordinance,  within  thirty  days  atter  such 
publication,  and  in  default  thereof,  said  materials  to  be  furnished  and 
sidewalk  constructed  by  said  city,  town,  or  village,  and  the  cost,  or 
such  part  thereof  as  may  be  fixed  in  said  ordinance,  may  be  collected 
from  the  respective  owners  of  said  lots  or  parcels  of  land  as  herein¬ 
after  provided. 

349.  In  case  owner  neglects  to  construct .]  §  3.  In  case  of  the 

default  of  any  lot  owner  or  owners  to  construct  the  sidewalks,  as  re¬ 
quired  by  ordinance,  ajid  the  same  shall  be  constructed  by  the  city, 
town,  or  village,  the  cost  thereof,  or  such  part  of  the  cost  thereof  as 
may  have  been  fixed  by  said  ordinance,  may  be  recovered  of  the  own¬ 
ers  so  in  default  by  an*  action  of  debt  in  the  name  of  the  city,  town 
or  village,  against  such  owners  respectively,  in  any  court  of 
competent  jurisdiction,  or  upon  the  completion  of  the  work  by  such 
city,  town  or  village.  Such  ordinance  may  provide  that  a  bill  of  the 
cost  of  such  sidewalk,  showing  in  separate  items  the  cost  of  grading, 


100 


STATUTES  RELATING  TO  THE  MUNICIPAL 


materials,  laying  down,  and  supervision,  shall  be  filed  in  the  office  of 
the  clerk  of  such  city,  town  or  village,  certified  to  by  the  officer  or 
board  designated  by  said  ordinance  to  take  charge  of  the  construction 
of  said  sidewalk,  together  with  a  list  of  the  lots  or  parcels  of  land 
touching  upon  the  line  of  said  sidewalk,  the  names  of  the  owners 
thereof,  and  the  frontage,  superficial  area,  or  assessed  value  as  afore¬ 
said,  according  as  said  ordinance  may  provide  for  the  levy  of  said  costs 
by  frontage,  superficial  area,  or  assessed  value;  whereupon  said  clerk 
shall  proceed  to  prepare  a  special  tax  list  against  said  lots  or  parcels, 
and  the  owners  thereof,  ascertaining  by  computation  the  amount  of 
special  tax  to  be  charged  against  each  of  said  lots  or  parcels  and  the 
owners  thereof,  on  account  of  the  construction  of  said  sidewalk, 
according  to  the  rule  fixed  for  the  levy  of  such  special  tax  by  said 
ordinance,  which  special  tax  list  shall  be  filed  in  the  office  of  said 
clerk,  and  said  clerk  shall  thereupon  issue  warrants  directed  to  such 
officer  as  may  be  designated  in  such  ordinance,  for  the  collection  of 
the  amount  of  special  tax  so  ascertained  and  appearing  from  said 
special  tax  list  to  be  due  from  the  respective  owners  of  the  lots  or 
parcels  of  land  touching  upon  the  line  of  said  sidewalk;  and  such  offi¬ 
cer  shall  proceed  to  collect  such  warrants  in  the  same  manner  as  con¬ 
stables  are  authorized  to  collect  executions,  and  make  return  thereof, 
together  with  the  moneys  collected,  to  the  clerk  of  such  city,  town  or 
village,  within  sixty  days  from  the  date  of  their  issue,  and  in  case  any 
such  warrant  shall  be  returned,  as  to  the  whole  or  any  part  thereof, 
uno  property  found,”  other  warrants  may  issue,  and  proceedings  by 
garnishment  may  be  resorted  to,  as  in  cases  of  garnishment  in  aid  of 
the  collection  of  judgments  at  law,  and  all  moneys  so  collected  and 
paid  over  to  said  clerk  shall  be,  by  him,  immediately  paid  over  to  the 
treasurer  of  said  city,  town  or  village. 

350.  Special  tax — duty  of  clerk — report. J  §4.  Upon  failure  to 
collect  such  special  tax  as  heretofore  provided  in  this  act,  it  shall  be 
the  duty  of  said  clerk,  within  such  time  as  such  ordinance  may  pro¬ 
vide,  to  make  report  of  all  such  special  tax,  in  writing,  to  such  gen¬ 
eral  officer  of  the  county  as  may  be  authorized  by  law  to  apply  for 
judgment  against,  and  sell  lands  for  taxes  due  county  or  state,  of  all 
the  lots  or  parcels  of  land  upon  which  such  special  tax  shall  be  so 
unpaid,  with  the  names  of  the  respective  owners  thereof,  so  far  as  the 
same  are  known  to  said  clerk,  and  the  amount  due  and  unpaid  upon 
each  tract,  together  with  a  copy  of  the  ordinance  ordering  the  con¬ 
struction  of  said  sidewalk,  which  report  shall  be  accompanied  by  the 
oath  of  the  clerk  that  the  list  is  a  correct  return  of  the  lots  and  par¬ 
cels  of  land  on  which  the  special  tax  levied  by  authority  of  said  city, 
town,  or  village,  for  the  cost  or  partial  cost  (as  the  case  may  be)  of 
the  sidewalk  in  said  ordinance  specified,  remains  due  and  unpaid,  and 
that  the  amounts  therein  stated  as  due  and  unpaid  have  not  been 
collected,  nor  any  part  thereof.  Said  reports,  when  so  made,  shall  be 
prinur  facie  evidence  that  all  the  forms  and  requirements  of  the  law 
in  relation  to  making  such  return  have  been  complied  with,  and  that 
the  special  tax,  as  mentioned  in  said  report,  is  due  and  unpaid. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


101 


351.  General  officer  to  obtain  judgment — by  what  laws  governed.'] 
§  5.  When  said  general  officer  shall  receive  the  aforesaid  report,  he 
shall  at  once  proceed  to  obtain  judgment  against  said  lots  or  parcels 
of  land  for  said  special  tax  remaining  due  and  unpaid,  in  the  same 
manner  as  maybe  provided  by  law  for  obtaining  judgment  against 
lands  for  taxes  due  and  unpaid  to  the  county  and  state,  and  shall  in 
the  same  manner  proceed  to  sell  the  same  for  the  said  special  tax  due 
and  unpaid.  In  obtaining  said  judgment  and  making  said  sale,  the 
said  officer  shall  be  governed  by  the  general  revenue  laws  of  the  state, 
except  when  otherwise  provided  herein,  and  said  general  laws  shall 
also  be  applicable  to  the  execution  of  certificates  of  sale,  and  deeds 
thereon,  and  the  force  and  effect  of  such  sales  and  deeds;  and  all  other 
laws  in  relation  to  the  enforcement  and  collection  of  taxes,  and  re¬ 
demption  from  tax  sales,  shall  be  applicable  to  proceedings  to  collect 
such  special  tax.  except  as  herein  otherwise  provided. 

352.  When  constructed  by  owner  may  obtain  order. J  §  6.  When¬ 
ever  payment  of  the  costs  of  any  such  sidewalk  is  required  to  be  made 
in  part  by  special  tax,  and  in  part  out  of  any  general  fund  of  such 
city,  town  or  village,  and  the  owner  of  any  such  lot  or  parcel  of  land 
shall  construct  such  sidewalk  in  accordance  with  the  ordinance  pro¬ 
viding  for  its  construction,  such  owner  shall  file  with  the  clerk  of 
such  city,  town  or  village,  an  itemized  statement  of  the  cost  of  such 
sidewalk  so  constructed,  by  him  verified  by  affidavit,  together  with  a 
certificate  of  the  officer  or  board  directed  by  such  ordinance  to  super¬ 
intend  the  construction  thereof,  that  such  sidewalk  has  been  con¬ 
structed  and  fully  completed  by  such  owner  in  accordance  with  such 
ordinance,  and  the  council  of  such  city,  town  or  village  shall  there¬ 
upon,  at  its  first  meeting  thereafter,  allow  and  order  to  be  issued  to 
such  owner,  an  order  on  the  treasurer  of  such  city,  town  or  village, 
for  the  cost  of  the  construction  of  such  sidewalk,  less  the  amount  of 
special  tax  chargeable  to  the  lot  or  parcel  of  land  of  such  owner  on 
the  line  of  which  such  sidewalk  has  been  so  constructed. 


LABOR  ON  STREETS. 

AN  ACT  providing  for  labor  on  the  streets  and  alleys  ot  all  cities  and  villages  in  this 
state.  [Approved  May  31,  1879.  In  force  July  1,  1879.] 

353.  Labor  on  streets ,  etc.  /  §  1.  Be  it  enacted  by  the  People  of 
the  State  of  Illinois  represented  in  the  General  Assembly ,  That  the  city 
council  in  all  cities,  and  the  president  and  board  of  trustees  in  all  vill¬ 
ages  in  this  state,  may  have  power,  by  ordinance,  to  require  every 
able-bodied  male  inhabitant  of  any  such  city  or  village,  above  the  age 
of  twenty-one  years,  and  under  the  age  of  fifty  years  (excepting  pau¬ 
pers,  idiots,  lunatics,  and  such  others  as  are  exempt  by  law),  to  labor 
on  the  streets  and  alleys  of  any  such  city  or  village,  not  more  than 
two  (2)  days  in  each  year;  but  such  ordinance  shall  provide  for  com¬ 
mutation  of  such  labor  at  seventy-five  cents  per  day. 


•102 


••  STATUTES  RELATING  TO  THE  MUNICIPAL 


354.  Fines  and  penalties .]  §  2.  Any  such  city  "council,  or 
president  and  board  of  trustees  of  any  such  village  shall  have  power, 
by  ordinance,  to  provide  such  tines  and  penalties  as  may  be  necessary 
to  enforce  the  provisions  of  this  act. 


VACATION  OF  STREETS. 

AN  ACT  to  revise  the  law  in  relation  to  the  vacation  of  streets  and  alleys.  [Approved 

March  24, 1874.  In  force  July  1,  1874. J 

355.  Three-fourths  vote  repaired — damages. J  §  J.  Be  it  enact¬ 
ed  hg  the  People  of  the  State  of  Illinois  represented  in  the  General  As¬ 
sembly That  no  city  council  ot  any  city,  or  board  of  trustees  of  any 
village  or  town,  whether  incorporated  by  special  act  or  under  any  gen¬ 
eral  law,  shall  have  power  to  vacate  or  close  any  street  or  alley,  or 
any  portion  of  the  same,  except  upon  a  three-fourths  majority  of  all 
the  aldermen  of  the  city  or  trustees  of  the  village  or  town  authorized 
by  law  to  be  elected;  such  vote  to  be  taken  by  ayes  and  noes,  and  en¬ 
tered  on  the  records  of  the  council  or  board.  And  when  property  is 
damaged  by  the  vacation  or  closing  of  any  street  or  alley,  the  same 
shall  be  ascertained  and  paid  as  provided  by  law. 

356.  Rights  of  adjoining  owner  s.~\  §2.  When  any  street,  alley, 
lane  or  highway,  or  any  part  thereof,  has  been  or  shall  be  vacated 
under  or  by  virtue  of  any  act  of  this  state  or  by  order  of  the  city 
council  of  any  city  or  trustees  of  any  village  or  town,  or  by  the  com¬ 
missioners  of  highways,  county  board,  or  other  authority  authorized 
to  vacate  the  same,  the  lot  or  tract  of  land  immediately  adjoining  on 
either  side  shall  extend  to  the  central  line  of  such  street,  alley,  lane, 
or  highway  or  part  thereof  so  vacated,  unless  otherwise  specially  pro¬ 
vided  in  the  act,  ordinance  or  order  vacating  the  same,  unless  in  con¬ 
sequence  of  more  of  the  land  for  such  street,  alley,  lane  or  highway 
having  been  contributed  from  the  land  on  one  side  thereof  than  the* 
other,  such  division  is  inequitable,  in  which  case  the  street,  alley,  lane 
or  highway  so  vacated  shall  be  divided  according  to  the  equities  of 
the  adjoining  owners. 


TAXES. 

AN  ACT  in  regard  to  the  assessment  and  collection  of  municipal  taxes.  [Approved 

May  23,  1877.  In  force  July  1,  1877.] 

357.  How  may  be  assessed  and  collected .J  §  1.  Be  it  enacted  by 
the  People  of  the  State  of  Illinois  represented  in  the  General  Assembly , 
That  all  cities,  villages,  and  incorporated  towns  in  this  state,  whether 
organized  under  the  general  law  or  special  charters,  shall  assess  and 
collect  their  taxes  in  the  manner  provided  for  in  article  eight  (8)  of 
the  act  entitled,  ‘*An  act  to  provide  for  the  incorporation  of  cities 
and  villages,''  approved  April  10,  1872,  and  in  the  manner  provided 


OOrERNMHNT  OF '  *TITE  CITY  OF  MONMOUTH. 


■"103 

for  in  the  general  revenue  laws  of  this  state;  and  all  acts  or  parts  of 
acts,  inconsistent  with  the  provisions  of  this  act,  are  hereby  repealed. 

[Note.— This  act  in  effect  repeals  that  of  April  15,  1873.] 


REBATE  AND  REDUCTION  OF  TAXES,  ETC. 

AN  ACT  to  prevent  the  unjust  collection,  by  incorporated  cities  and  towns,  of  taxes 
levied  upon  property  destroyed  by  fire,  and  to  authorize  the  common  council  of 
such  cites,  or  board  of  trustees  of  such  towns,  to  change  or  amend  appropriation 
bills,  to  pass  new  appropriation  bills,  to  reduce  taxes  and  special  assessments  in 
certain  cases,  and  to  discontinue  special  improvements.  [Approved  and  in  force 
January  18,  1872. 

358.  Rebate  when  property  destroyed .]  §  1.  Be  it  enacted  by  the 

People  of  the  State  of  Illinois  represented  in  the  General  Assembly , 
That  whenever,  in  any  incorporated  city^  or  town  in  this  state,  any 
property  listed  or  assessed  for  municipal  taxation,  shall  have  been  or 
shall  hereafter  be  destroyed  by  fire,  in  whole  or  in  part,  before  the  levy 
of  the  municipal  taxes  of  such  city  thereon,  or  before  the  municipal 
taxes  levied  thereon  shall  have  been  collected,  it  shall  and  may  be 
lawful  for  the  mayor  of  such  city  or  town — if  there  be  no  mayor, 
then  the  president  of  the  board  of  trustees,  the  city  comptroller,  if 
there  should  be  one;  and  if  not,  then  the  city  clerk  or  town/ clerk, 
and  the  tax  commissioner,  if  there  should  be  one;  if  not,  then  the 
chairman  of  the  finance  committee  of  the  city  council,  or  board  of 
trustees — to  rebate  or  remit  so  much  of  such  tax  or  taxes,  so  levied 
upon  such  property,  as  in  their  opinion  should  be  rebated  or  remitted 
by  reason  of  such  property  having  been,  in  whole  or  in  part,  destroyed 
by  fire.  , 

359.  Reduce  or  release  tax  or  assessment .]  §2.  That  whenever, 
in  any  incorporated  city  or  town  in  this  state,  any  large  portion  of 
the  taxable  property  ot  such  city  shall  have  been  or  shall  hereafter  be 
destroyed  by  fire,  so  as  to  seriously  impair  or  affect  the  ability  of  the 
property  owners  of  such  city  or  town  to  pay  taxes  or  special  assess¬ 
ments  thereon,  and  an  appropriation  bill  has  been  made  or  passed, 
or  special  improvements  ordered  before  such  fire,  and  the  tax  or  as¬ 
sessment  for  the  payment  or  raising  of  the  same  has  not  been  levied 
or  collected,  it  may  be  lawful  for  the  city  council  or  board  of  trustees 
of  any  such  town  to  alter,  revise,  change,  reduce  or  vacate,  or  repeal 
such  appropriation  bill,  or  anv  part  of  the  same,  and  to  order  the 
discontinuance  of  said  specil  improvements,  or  any  of  the  same,  or  to 
reduce  the  amount  of  taxes  or  special  assessments  ordered  to  be  levied, 
or  assessed,  or  collected  for  any  general  or  special  purpose,  and  to  pass 
a  new  appropriation  bill;  which  new  appropriation  bill  shall  have 
the  same  force  and  effect  as  if  the  same  had  been  passed  within  the 
time  prescribed  by  the  charter  of  any  such  city  or  such  corporate 
town. 

360.  Emergency.]  §  3.  Whereas ,  a  large  amount  of  property 
listed  for  taxation  in  the  city  of  Chicago,  and  in  other  cities  and 


104 


STATUTES  RELATING  TO  THE  MUNICIPAL 


towns  of  this  state,  lias  been  destroyed  by  fire  before  the  taxes  thereon 
have  been  paid,  which  taxes  it  would  be  unjust  to  collect,  it  is  de¬ 
clared  that  an  emergency  exists  that  this  law  go  into  force  immedia¬ 
tely,  and  therefore  it  is  enacted  that  this  law  shall  be  in  force  from 
and  after  its  passage. 


SEWERAGE  AND  WATER  TAXES. 

AN  ACT  in  relation  to  the  levy  and  collection  of  taxes  lor  sewerage  and  waterworks 
in  the  cities  of  this  state  that  may  have  established  a  system  of  sewerage  and  water 
works  for  such  city.  [Approved  and  in  force  April  22,  187 1. J 

361.  Sewerage  fund? tax.  /  §  1.  Be  it  enacted  bg  the  People  of 
the  State  of  Illinois ,  represented,  in  the  General  Assemblg ,  That  the 
legislative  authority  of  any  such  city  which  now  has  or  may  hereafter 
have  established  a  system  of  sewerage  for  such  city,  shall  have  power 
annually,  to  levy  and  collect  a  tax  upon  the  taxable  real  and  personal 
estate  of  any  such  city,  not  to  exceed  one  mill  on  a  dollar,  for  the  ex¬ 
tension  and  laying  of  sewers  therein  and  the  maintenance  of  such 
sewers,  which  tax  shall  be  known  as  “The  Sewerage  Fund  Tax,”  and 
shall  be  levied  and  collected  in  the  same  manner  that  other  general 
taxes  of  any  such  city  are  levied  and  collected;  Provided,  however, 
that  the  board  of  public  works  of  such  city,  it  any,  or  the  head  of  the 
sewer  department  of  such  city,  shall  first  certify  to  such  legislative 
authority  the  amount  that  will  be  necessary  for  such  purpose. 

362.  Water  fund  taxi]  §  2.  The  legislative  authority  of  any 
such  city  which  now  has  or  which  may  hereafter  have  established 
water  works,  for  the  supply  of  water  to  the  inhabitants  thereof,  shall 
have  power  to  annually  levy  and  collect  a  tax  upon  the  taxable  real 
and  personal  estate  of  any  such  city,  not  to  exceed  one  mill  on  the 
dollar,  for  the  extension  of  water  mains  or  pipes  therein  and  the 
maintenance  of  such  water  works,  which  tax  shall  be  known  as  “The 
Water  Fund  Tax,”  and  shall  be  levied  and  collected  in  the  same  man¬ 
ner  that  other  general  taxes  of  any  such  city  are  levied  and  collected; 
Provided ,  however ,  that  the  board  of  public  works  of  such  city,  if  any, 
or  the  head  of  the  water  department  of  such  city,  shall  first  certify  to 
such  legislative  authority  the  amount  that  will  be  necessary  for  such 
purposes,  and  shall  further  certify  that  the  revenue  or  income  from 
such  water  works  will  be  insufficient  therefor. 

363.  Emergencg. J  §  3.  Whereas ,  the  health  and  good  govern¬ 
ment  of  such  cities  require  that  they  severally  possess  the  power  and 
authority  conferred  by  this  act  upon  such  cities,  and  the  officers  there¬ 
of,  without  any  delay,  it  is  hereby  declared  that  an  emergency  exists 
that  this  law  should  be  in  force  from  and  after  its  passage. 


SURPLUS  FUND  OF  TAX. 

AN  ACT  to  prohibit  any  city,  town  or  village  in  this  state  from  receiving  from  the 
county  treasury  a  greater  proportion  ot  the  surplus  fund  or  tax  than  shall  be  re¬ 
ceived  by  any  other  city,  town  or  village  within  the  same  county.  [Approved  May 
4,  1877,  and  in  force  July  1,  1877.]. 


GOVERNMENT  "OF  THE  CITY  OF  MONMOUTH.  105 

361.  Proportion  of  tax.]  §  1.  Be  it  enacted  by  the  People  of 
the  State  of  Illinois,  represented  in  the  General  Assembly ,  That  no  city, 
town  or  village  within  any  county  in  this  state,  shall  he  entitled  to 
or  shall  receive  from  the  county  treasury  of  such  county  any  greater 
proportion  of  surplus  of  all  taxes  which  may  be  collected  for  county 
purposes,  than  any  other  city,  town  or  village  within  the  county. 

365.  Drawback — amount  city,  etc.,  may  receive.]  §2.  Nor  shall 
any  such  city,  town  or  village  be  entitled  to,  or  receive  from  the 
county  treasury  any  greater  drawback  of  its  proportion  of  the  taxes 
paid  into  the  county  treasury,  by  reason  ot  any  appropriation  by  the 
county  board,  out  of  the  county  treasury,  for  the  making  and  repair¬ 
ing  of  roads  and  high  ways,  the  building  and  repairing  of  bridges  in 
such  county,  without  any  such  city,  town  or  village  within  such 
county,  than  is  now  allowed  by  law  to  all  other  cities,  towns  and 
villages  within  the  same  county.  Any  acts,  or  parts  of  acts,  conflict¬ 
ing  with  this  act,  are  hereby  repealed. 


TELEGRAPH  COMPANIES. 

AN  ACT  to  revise  the  law  in  relation  to  telegraph  companies.  [Approved  March  24, 

1874.  In  force  July  1,  1874.  j  ' 

^sicst:*^****;*: 

366.  Consent  necessary  to  erect  poles,  etc.,  on  roads,  streets,  etc. — 
record — alteration. )  4.  No  such  company  shall  have  the  right  to 
erect  any  poles,  posts,  piers,  abutments,  wires,  or  other  fixtures  of 
their  lines  along  or  upon  any  road,  highway  or  public  ground,  outside 
of  the  corporate  limits  of  a  city,  town  or  village,  without  the  consent 
of  the  county  board  of  the  county  in  which  such  road,  highway,  or 
public  ground  is  situated,  nor  upon  any  street,  alley  or  other  high¬ 
way  or  public  ground,  within  any  incorporated  city,  town  or  village, 
without  the  consent  of  the  corporate  authorities  of  such  city,  town  or 
village.  The  consent  herein  required  must  be  in  writing,  and  shall 
be  recorded  in  the  recoider's  office  of  the  county.  And  such  county 
board,  or  the  city  council,  or  board  of  trustees  of  such  city,  town  or 
village,  as  the  case  may  be,  shall  have  power  to  direct  any  alteration 
in  the  location  or  erection  of  any  such  poles,  posts,  piers  or  abut¬ 
ments,  and  also  in  the  height  of  the  wires,  having  first  given  the 
company  or  its  agent  opportunity  to  be  heard  in  regard  to  such  alter¬ 
ation. 


ANNEXING  AND  EXCLUDING  TERRITORY. 

AN  ACT  to  provide  for  annexing  and  excluding  territory  to  and  from  cities,  towns 
and  villages,  and  to  unite  cities,  towns  and  villages.  [Approved  April  10,  1»72.  In 
force  July  1,  1872.] 

367.  Petition  to  be  annexed — annexinq.J  §  1.  Be  it  enacted 
by  the  People  of  the  State  of  Illinois,  represented  in  the  General 


106 


STATUTES  RELATING  TO  THE  MUNICIPAL 


Assembly i  That,  on  petition,  in  writing,  signed  by  no  than  ilit  lessree- 
fourths  of  the  legal  voters,  and  by  the  owners  of  not  less  than  three- 
fourths  (in  value)  of  the  property  in  any  territory  contiguous  to  any 
city  or  incorporated  village  or  town,  and  not  embraced  within  its 
limits,  the  city  council  or  board  of  trustees  of  said  city,  village  or 
town  (as  the  case  may  be)  may,  by  ordinance,  annex  such  territory  to 
such  city,  village  or  town,  upon  filing  a  copy  of  such  ordinance,  with 
an  accurate  map  of  the  territory  annexed  (duly  certified  by  the  mayor 
of  the  city  or  president  of  the  board  of  trustees  of  the  village  or  town), 
in  the  office  of  the  recorder  of  deeds  in  the  county  where  the  annexed 
territory  is  situated,  and  having  the  same  recorded  therein :  Provided, 
that  no  portion,  less  than  the  whole  of  an  incorporated  city*,  town  or 
village,  shall  be  annexed  to  another  incorporated  city,  town  or  village 
except  in  the  mode  provided  in  this  act  for  the  annexation  of  the 
whole  of  an  incorporated  city,  town  or  village,  to  another  city,  town 
or  village. 


368.  Annexing  one  corporation  to  another]  §2.  Any  incorpor¬ 
ated  city.  village  or  town  may  be  annexed  to  another  incorporated 
'city,  village  or  town,  by  ordinance  passed  by  a  two-tliirds  vote  of  all 
the  aldermen  or  trustees  elect  of  each  corporation  desiring  annexa¬ 
tion:  Pro vided,  such  annexation  shall  not  affect  or  impair  any  rights 
or  liabilities  either  in  favor  of  or  against  such  corporations;  and  suits 
founded  upon  such  rights  and  liabilities  may  be  commenced,  and 
pending  suits  may  be  prosecuted  and  carried  to  final  judgments  and 
executions,  the  same  as  if  such  annexation  had  not  taxen  place.  In 
making  such  annexation,  the  corporations  so  uniting  may,  by  ordin¬ 
ance,  fix  the  terms  of  the  annexation,  which  shall  have  the  force  and 
effect  of  a  binding  contract:  Provided,  however,  that  no  such  ordin¬ 
ance  shall  be  of  any  binding  force  or  effect  until  submitted  to  a  vote 
of  the  legal  voters  of  such  city,  town  or  village,  at  a  general  election 
thereof,  and  adopted  by  a  majority  of  all  the  voters  voting  thereon  at 
such  election,  notice  of  which  shall  be  given  at  the  same  time  and  in 
the  same  manner  as  required  for  the  election  of  the  officers  of  such 
city,  town  or  village:  And,  provided,  also,  that  the  vote  shall  be  by 
ballot,  which  shall  be  “for  union  ordinance,”  or  ‘‘against  union  ordin¬ 
ance,”  and  shall  be  received,  canvassed  and  returned  the  same  as 
ballots  for  municipal  officers  of  such  city,  town  or  village. 


369.  Proceedings  hg  corporation  to  annex  territory .]  §  3.  When 
any  incorporated  city,  village  or  town  shall  desire  to  annex  any  con¬ 
tiguous  .territory  thereto,  and  the  same  shall  not  have  been  petitioned 
for  as  provided  in  section  one  of  this  article,  it  shall  be  lawful  for  the 
city  council  or  board  of  trustees  of  such  city,  village  or  town  by  a 
two-thirds  vote  of  all  the  aldermen  or  trustees  elect,  by  ordinance  or 
resolution,  to  authorize  the  mayor  of  such  city  or  the  president  of  the 
board  of  trustees  of  such  village  or  town,  to  petition  the  circuit  court 
of  the  county  in  which  the  territory  desired  to  be  annexed  or  a  major 
part  thereof  is  situated,  praying  such  annexation  to  be  made.  The 
petition  shall  contain  a  copy  of  such  ordinance  or  resolution,  and  an 


GOVEKXWENT  OF  THE  CITY  OF  MOmiOUTH. 


107 


accurate  map  of  the  territory  which  it  is  desired  to  annex,  showing 
all  such  subdivisions  that  shall  have  been  made  therein.  Such  peti¬ 
tion  shall  be  tiled  with  the  clerk  of  the  court  at  least  ten  days  before 
the  first  day  of  the  term  at  which  it  is  proposed  to  be  heard:  Pro - 
vided ,  that  nothing  in  this  section  contained  shall  authorize  said 
petition  to  be  filed  unless  the  territory  so  sought  to  be  annexed  (ex¬ 
cept  territory  intervening  between  a  city  and  town,  or  two  or  more 
cities  or  towns,  desiring  to  become  united  under  this  act),  shall  con¬ 
tain  an  actual  resident  population  of  at  least  one  hundred  and  fifteen 
inhabitants  to  each  section  or  fractional  part  of  a  section  so  sought 
to  be  annexed — which  said  fact  shall  be  alleged  in  said  petition,  and 
proved  on  the  hearing  thereof,  the  same  as  any  other  allegation  in 
said  petition. 

370.  Notice  of  proceedings.  ]  §  4.  When  it  shall  be  determined 
to  present  such  petition,  the  mayor  or  president  of  the  board  of  trus¬ 
tees  (as  the  case  may  be)  shall  cause  notice  of  the  time  and  place 
where  and  when  the  petition  will  be  or  has  been  filed,  and  at  what 
term  of  court  the  hearing  thereof  will  be  had,  and  setting  forth  the 
boundaries  or  a  general  description  of  the  territory  proposed  to  be 
annexed — to  be  given  by  publication  at  least  once  in  each  week,  for 
two  successive  weeks,  in  some  newspaper  published  in  the  county 
where  the  petition  is  tiled  or  to  be  filed  (or  if  no  newspaper  is  pub 
lished  in  such  county,  then  in  the  nearest  newspaper  published  in 
this  state),  and  by  posting  up  notices  at  least  fourteen  days  before 
such  time  of  hearing,  in  at  least  three  of  the  most  public  places  in 
the  territory  proposed  to  be  annexed,  and  a  like  number  in  the  city, 
village  or  town  to  which  it  is  desired  to  annex  such  territory. 

371.  Object  ions  to  annexation — trial.]  §  5.  The  legal  voters 
resident  upon  the  territory  thus  proposed  to  be  annexed,  or  any  of 
them,  or  any  owner  of  land  therein,  or  any  voter  of  such  city,  village 
or  town,  may  appear  at  such  hearing  and  show  cause  why  such  an¬ 
nexation  should  not  be  made;  and  the  court,  or  a  jury  impaneled  for 
that  purpose  (no  member  of  the  jury  so  impaneled  shall  be  a  resident 
of  the  corporation  or  territory  to  be  annexed,  nor  of  the  town  nor 
towns  in  which  said  corporation  or  territory  may  be  situated),  shall 
hear  all  competent  evidence  that  may  be  offered  by  either  party;  and 
the  court  may  continue  the  hearing  from  time  to  time,  for  any  cause, 
and  make  all  proper  orders  in  regard  to  the  hearing,  giving  of  notices 
and  other  disposition  of  the  case. 

372.  Finding — costs,  etc]]  §6.  If,  upon  the  hearing,  the  court 
or  the  jury  shall  find  that  such  territory  ought  to  be  annexed  to  such 
city,  village  or  town,  and  can  be  so  done  without  injustice  to  the  in¬ 
habitants  or  persons  interested,  the  court  shall  so  order.  If  the  court 
or  jury  shall  find  against  the  petitioners,  the  petition  shall  be  dis¬ 
missed  at  the  cost  of  the  petitioners;  and  no  subsequent  petition  shall 
be  presented  for  the  annexation  of  any  of  the  territory  embraced  in 
such  petition,  within  one  year  from  the  time  cf  entering  such  order: 
Prodded ,  That  new  trials  may  be  granted  as  in  other  jury  cases. 


108 


STATUTES  RELATING. TO  THE  MUNICIPAL 


373.  Proceedings  bg  owner  to  be  annexed. ]  §  7.  When  not  less 
than  a  majority  in  number  of  the  legal  voters  or  the  owner  or  owners 
of  any  tract  or  tracts  of  land,  contiguous  to  any  incorporated  city, 
village  or  town,  shall,  by  petition,  m  writing,  signed  by  them,  and 
tiled  in  the  circuit  court  of  the  county  where  such  territory  or  a  mu- 
jor  part  thereof  is  situated,  pray  to  be  annexed  to  such  city,  village 
or  town,  the  like  proceedings  may  be  had  thereon,  and  with  the  like 
effect,  as  in  case  of  a  petition  by  a  city,  village  or  town:  Provided , 
a  copy  of  the  notice  required  to  be  given  shall  be  left  with  the  mayor 
of  such  city,  or  president  of  such  village  or  town,  at  least  ten  days 
before  such  petition  is  heard. 

371.  Proceedings  to  disconnect,  j  §  8.  Whenever  a  majority  ot 
the  legal  voters  of  any  territory  within  any  city,  town  or  village,  and 
being  upon  the  border  and  within  the  boundary  thereof,  shall  petition 
the  circuit  court  of  the  county  in  which  such  city,  town  or  village  is 
situated,  praying  to  be  disconnected  therefrom,  such  petition  shall  be 
tiled  with  the  clerk  of  the  court  at  least  ten  days  before  the  first  day 
of  the  term  at  which  it  is  proposed  to  be  heard,  and  like  proceedings 
shall  be  had  as  is  required  by  sections  four,  five  and  six  of  the  act  for 
the  annexation  of  territory  to  such  city,  town  or  village:  Provided, 
that  the  provisions  of  this  section  shall  only  apply  to  lands  not  laid 
out  into  city  or  town  lots  or  blocks. 

375.  Map  and,  ordinance  recorded .]  §  0.  When  any  territory 
is  annexed  to  any  city,  village  or  town,  as  provided  in  this  act,  it  shall 
be  the  duty  of  the  mayor  of  the  city,  or  the  president  of  the  board  of 
trustees  of  the  village  or  town  (as  the  case  may  be)  to  cause  an  accur¬ 
ate  map  ol  such  added  territory,  together  with  the  ordinance  for  the 
annexation,  certified  by  such  mayor,  and  if  a  decree  or  order  of  the 
court  has  been  made  therefor,  a  copy  of  the  same,  to  be  tiled  tor  rec¬ 
ord  and  recorded  in  the  recorder’s  office  for  the  county  in  which  such 
added  territory  is  situated.  If  territory  is  disconnected  or  excluded 
Irom  any  city,  village  or  town,  a  copy  of  the  ordinance  or  decree 
therefor  shall  be  so  tiled  tor  record  and  recorded. 

376.  School  districts.]  §  10.  All  school  districts,  and  other 
corporations  incorporated  for  school  purposes,  under  special  acts  of 
the  legislature,  desiring  to  annex  or  disannex  territory,  may  proceed 
under  the  provision  of  this  act. 

377.  Judicial  notice,  j  §  11.  All  courts  in  this  state  shall  take 
judicial  notice  of  cities,  towns  and  villages,  and  ot  the  changes  of 
their  territory,  made  under  the  provisions  of  this  act. 

AN  ACT  in  relation  to  the  disconnection  of  Territory  from  Cities  and  Villages.  [Ap¬ 
proved  and  in  force  May  29, 1S79.J 

378.  Disconnecting  territory.]  §  1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois,  represented  in  the  General  Assembly ,  That 
whenever  the  owners  representing  a  majority  of  the  area  of  land  of  any 
territory  within  any  city  or  village,  and  being  upon  the  border  and 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH.  If  9 

within  the  boundary  thereof,  and  not  laid  out  into  city  or  village  lots 
or  blocks,  shall  petition  the  city  council  of  such  city,  or  the  trustees 
of  such  village,  praying  the  disconnection  of  such  territory  therefrom; 
such  petition  shall  be  tiled, with  the  city  clerk  of  such  city,  or  the 
president  of  the  trustees  of  such  village,  accompanied  with  a  certifi¬ 
cate  of  the  county  clerk,  showing  that  all  city  taxes  or  assessments 
due  up  to  the  time  of  presenting  such  petition  are  fully  paid,  at  least 
ten  days  before  the  meeting  of  such  city  council,  or  trustees,  at  which 
it  is  propssed  to  present  such  petition,  and  the  city  clerk  of  such  city, 
or  president  of  the  trustees  of  such  village,  shall  present  such  petition 
to  the  city  council  or  trustees,  as  the  case  may  be,  and  upon  such 
presentation,  the  city  council  of  such  city,  or  trustees  of  such  village, 
may,  by  ordinance,  tojbe  passed  by  a  majority  of  the  members  elected 
to  such  city  council  or  board  of  village  trustees,  disconnect  the  terri¬ 
tory  described  in  such  petition  from  such  city  or  village:  Provided , 
however ,  that  the  territory  so  disconnected,  shall  not  thereby  be  ex¬ 
empted  from  taxation,  for  the  purpose  of  paying  any  indebtedness 
contracted  by  the  corporate  authorities  of  such  city  or  village,  while 
such  territory  was  within  the  limits  thereof,  and  remaining  unpaid, 
but  the  same  shall  be  assessed  and  taxed  for  the  purpose  of  paying 
such  indebtedness,  the  same  as  if  such  territory  had  not  been  discon¬ 
nected,  until  such  indebtedness  is  fully  paid. 

379.  Ordinance  recorded .]  §  2.  A  copy  of  the  ordinance  dis¬ 

connecting  territory  from  any  city  or  village,  certified  by  the  clerk  of 
such  city,  or  president  of  the  trustees  of  such  village,  shall  be  filed  for 
record,  and  recorded  in  the  recorder’s  office  of  the  county  in  which 
such  disconnected  territory  is  situated,  and  another  copy  of  such 
ordinance,  so  certified,  shall  be  filed  with  the  clerk  of  the  county 
court  of  the  county  in  which  such  disconnected  territory  is  situated. 

380.  Judicial  notice .  J  §3.  All  courts  in  this  state  shall  take 
judicial  notice  ot  cities  and  villages,  and  of  the  changes  made  in  their 
territory,  under  this  act. 

381.  Repeal.]  §  4.  All  acts  and  parts  of  acts  in  conflict  with 
this  act  are  hereby  repealed. 

382.  Emergency.  ]  §  5.  Whereas ,  there  is  no  valid  law  in  force 

in  this  state  enabling  cities  and  villages  to  decrease  their  corporate 
limits,  and  special  legislation  therefor  by  the  General  Assembly  is  for¬ 
bidden  by  the  constitution  of  this  state,  therefore  an  emergency  exists 
why  this  act  should  take  effect  immediately;  therefore  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


WARRANTS  DRAWN  UPON  TREASURER. 

AN  ACT  to  provide  for  the  manner  of  issuing  warrants  upon  the  treasurer  of  anv 
county,  township,  city,  school  district  ar  oilier  municipal  corporation.  [ Appro ve‘d 
Xiay  31, 1879.  In  force  July  1,  1879.] 


110 


STATUTES  relating  to  the  MUNICIPAL 


383.  When  warrants  may  he  drawn.]  §  1 .  Be  it  enacted  by 
fie  People  of  the  State  of  Illinois  represented  in  the  General  Assem¬ 
bly,  That  warrants  payable  on  demand,  shall  hereafter  be  drawn  and 
issued  upon  the  treasurer  of  this  state  or  of  any  county,  township, 
city,  school  district  or  other  municipal  corporation,  or  against  any 
funds  in  his  hands,  only  when  at  the  time  of  the  drawing  and  issuing 
of  such  warrants,  there  shall  be  sufficient  money  in  the  appropriate 
fund  in  the  treasury  to  pay  said  warrants. 

384.  Issued  in  anticipation  of  taxes.]  §  2.  That  whenever 
there  is  no  money  in  the  treasury  of  any  county,  township,  city,  school 
district  or  othei;  municipal  corporation  to  meet  and  defray  the  ordin¬ 
ary  and  necessary  expenses  thereof,  it  shall  be  lawful  for  the  proper 
authorities  of  any  county,  township,  city,  schooljlistrict.  or  other 
municipal  corporation,  to  provide  that  warrants  may  be  drawn  and 
issued,  against  and  in  anticipation  of  the  collection  of  any  taxes, 
already  levied  by  said  authorities  for  the  payment  of  the  ordinary  and 
necessary  expanses  of  any  such  municipal  corporation  to  the  extent 
of  seventy-five  per  centum  of  the  total  amount  of  any  said  tax  levy: 
Provided ,  that  warrants  drawn  and  issued  under  the  provisions  of  this 
section,  shall  show  upon  their  face  that  they  are  payable  solely  from 
said  taxes  when  collected,  and  not  otherwise,  and  shall  be  received  by 
any  collector  of  taxes  in  payment  of  the  taxes  against  which  they 
are  issued,  and  which  taxes,  against  which  said  warrants  are  drawn 
shall  be  set  apart  and  held  for  their  payment. 


WATER  WORKS. 

AN  ACT  to  provide  for  the  laying  of  water  supply  pipe  by  bonds  and  special  assess¬ 
ment,  payable  in  installments.  [Approved  and  in  iorce  March  17,  1874.] 

385.  Bonds — assessments  payable  in  installments.  ]  §  7.  Be  it 
enacted  by  the  People  of  the  State  of  Illinois  representid  in  the  Gen¬ 
eral  Assembly ,  That  whenever  the  corporate  authorities  of  an 3’  city, 
town  or  village  shall  provide,  by'  ordinance,  for  the  laying  of  water 
supply  pipes,  to  be  paid  for  by  a  special  assessment  to  be  made  under 
the  provisions  of  article  nine  of  this  a<^t  of  the  General  Assem¬ 
bly,  entitled  “An  act  to  provide  tor  the  incorporation  of  cities  and 
villages,”  approved  April  10,  A.  D.  1872,  such  corporate  authorities 
may,  in  their  discretion,  provide  in  such  ordinance,  or  by  an  ordinance 
to  be  adopted  at  any'  time  prior  to  the  issuance  of  the  warrant  to  the 
collector  for  the  collection  of  such  assessment,  that  the  amount  of  the 
estimated  cost  of  such  improvement  shall  be  provided  for  in  the  fol¬ 
lowing  manner,  to-wit:  That  bonds  of  the  city,  town  or  village,  as 
the  case  may  be,  shall  be  issued  for  such  portion  of  the  estimated  cost 
of  such  improvement  as  shall  be  apportioned  to  the  city,  town  or  vil¬ 
lage  as  public  benefit,  payable  at  such  time  or  times,  within  twenty 
years,  as  mayr  be  provided  byr  said  ordinance,  or  it  may  in  such  or¬ 
dinance  be  provided  that  all  or  anyr  portion  of  the  amount,  so  ap- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


Ill 


portioned  as  public  benefits,  may  be  made  by  general  taxation  in  ac¬ 
cordance  with  the  provisions  contained  in  said  article  nine,  and  that 
the  portion  of  said  estimated  cost  which  shall  be  assessed  upon  prop¬ 
erty  especially  benefitted  shall  be  payable  in  such  annual  installments, 
not  exceeding  ten  in  number,  as  may  in  such  ordinance  be  prescribed: 
Provided ,  that  nothing  in  this  section  shall  authorize  any  city,  town 
or  village  to  issue  such  bonds  to  an  amount,  including  all  existing 
indebtedness,  in  excess  of  the  charter,  statutory  or  constitutional  limi¬ 
tation  of  the  indebtedness  of  such  city,  town  or  village. 

386.  When  install  meeds  payable — interest.  J  §  2.  Whenever 
such  corporate  authorities  shall  have  provided  by  ordinance  for  the 
making  of  such  improvement  in  the  manner  prescribed  in  section  1 
of  this  act,  the  first  installment  of  the  amount  assessed  upon  property 
specially  benefitted  shall  be  payable  immediately  upon  the  issuance, 
by  the  clerk  of  such  city,  town  or  village,  ot  his  warrant  to  the  col¬ 
lector,  and  the  subsequent  installment  shall  be  payable  annually 
thereafter,  with  interest  until  paid,  at  such  rate  as  shall  be  prescribed 
in  such  ordinance,  not  exceeding  ten  per  cent,  per  annum. 

387.  Applies  to  assessments  already  ordered.]  §  3.  This  act 
shall  apply  to  assessments  already*  ordered  for  the  purpose  set  forth 
in  section  1  of  this  act,  and  to  the  ordinances  hereafter  in  relation  there¬ 
to,  as  well  as  to  ordinances  hereafter  to  be  adopted. 

388.  Emergency.]  §  4.  Whereas ,  certain  cities,  towns  and 
villages  are  about  to  lay  water  supply  pipe,  and  are  desirous  of  avail¬ 
ing  themselves  of  the  provisions  of  this  act,  therefore  an  emergency 
is  declared  to  exist,  and  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

AN  ACT  to  enable  cities  and  villages  to  contract  for  a  supply  of  water  for  public  use, 
and  to  levy  and  collect  a  tax  to  pay  for  water  so  supplied.  [Approved  April  9,  1872. 
In  force  July  1,  1872.] 

38b.  Power  to  contract  for  water.]  §  7.  Be  it  enacted  by  the 
People  of  the  State  of  Illinois ,  represented  in  the  General  Assembly , 
That  in  ail  cities  and  villages  where  water  works  may  hereafter  lie 
constructed  by  an  incorporated  company,  the  city  or  village  authori¬ 
ties  in  such  cities  and  villages  may  contract  with  such  incorporated 
company  for  a  supply  of  water  for  public  use,  for  a  period  not  exceed¬ 
ing  thirty  years. 

390.  Tax.]  §  2.  Any  such  city  or  village  so  contracting  may 
levy  and  collect  a  tax  on  all  taxable  property  within  such  city  or  vil¬ 
lage,  to  pay  for  the  water  so  supplied. 


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i 


PROVISIONS  OF-  FORMER  ©HARTER 


OF  THE  CITY  OF  MONMOUTH. 


♦  - 

Article  I. 

AN  ACT  to  incorporate  the  City  of  Monmouth. 

391.  §  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois  rep¬ 
resented,  in  the  General  Assembly,  That  the  inhabitants  of  the  town  of 
Monmouth,  in  the  county  of  Warren  and  State  of  Illinois,  be  and 
they  are  hereby  constituted  a  body  politic  and  corporate,  by  the  name 
and  style  of  “  The  City  of  Monmouth,”  and  by  that  name  shall  have 
perpetual  succession,  and  may  have  and  use  a  common  seal,  which 
they  may  change  and  alter  at  pleasure. 

§  2.  All  that  district  of  country  embraced  within  the  following 
limits,  to-wit:  One  mile  from  the  centre  of  the  public  square,  in  each 
direction,  or  two  miles  square  |  shall  constitute  the  city  of  Monmouth.] 

§  3.  The  present  board  of  trustees  of  the  town  of  Monmouth 
shall,  on  the  first  Monday  of  October  next,  divide  the  said  city  of 
Monmouth  into  two  wards,  as  nearly  equal  in  population  as  practic¬ 
able,  particularly  describing  the  boundaries  of  each. 

§  4.  Whenever  any  tract  of  land  adjoining  the  city  of  Mon¬ 
mouth  shall  be  laid  off  into  town  lots,  and  duly  recorded  as  required 
by  law,  the  same  shall  be  annexed  to  and  form  a  part  of  the  city  of 
Monmouth. 

§  5.  The  inhabitants  of  said  city,  by  the  name  and  style  afore¬ 
said,  shall  have  power  to  sue  and  be  sued,  to  plead  and  be  impleaded, 
to  defend  and  be  defended  in  all  courts  of  law  and  equity,  in  all  ac¬ 
tions  whatsoever;  to  purchase,  receive  and  hold  property,  both  real 
and  personal,  in  said  cily ;  to  purchase,  receive  and  hold  property,  both 
real  and  personal,  beyond  the  ciiy,  for  burial  grounds  and  for  other 
public  purposes,  for  the  use  of  the  inhabitants  of  said  city;  to  sell, 
lease  and  convey  or  dispose  of  property,  real  and  personal,  for  the 
benefit  of  the  city,  and  to  improve  and  protect  such  property,  and  to 
do  all  things  in  relation  thereto  as  natural  persons. 


114 


PROVISIONS  OP  FORMER  CHARTER. 


Article  II. 

.  OF  CITY  COUNCIL. 

392.  §  1.  There  shall  be  a  city  council,  to  consist  of  mayor  and 

board  of  aldermen. 

§  2.  The  board  of  aldermen  shall  consist  of  two  members  from 
each  ward,  to  be  chosen  by  the  qualified  voters  for  the  term  of  one  year. 

§  3.  No  person  shall  be  an  alderman  unless  at  the  time  of  his 
election  he  shall  have  resided  six  months  within  the  limits  of  the  city, 
and  shall  be,  at  the  time  of  his  election,  at  least  twenty-one  years  of 
age,  a  citizen  of  the  United  States,  and  also  a  resident  of  the  ward  in 
which  he  is  elected. 

§  4.  If  any  alderman  shall,  after  his  election,  remove  from  the 
ward  in  which  he  is  elected,  his  office  shall  be  declared  vacated. 

§  5.  The  city  council  shall  judge  of  qualifications,  elections 
and  returns  of  their  own  members,  and  shall  determine  all  contested 
elections. 

§  6.  A  majority  of  the  city  council  shall  constitute  a  quorum  to 
do  business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
compel  the  attendance  of  absent  members,  under  such  penalties  as 
may  be  prescribed  by  the  ordinances  of  said  city. 

§  7.  The  city  council  shall  have  power  to  determine  the  rule  of 
its  proceedings,  punish  its  members  for  disorderly  conduct,  and,  with 
the  concurrence  of  two-thirds  of  the  members  elected,  expel  a  member. 

§  8.  The  city  council  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same;  and  the  yeas  and  nays,  when 
demanded  by  any  member  present,  shall  be  entered  upon  the  journal. 

§  9.  No  alderman  shall  be  appointed  to  any  office  under  the 
authority  of  the  city,  which  shall  have  been  created  or  the  emolu¬ 
ments,  of  which  shall  have  been  increased  during  the  time  for  which 
he  shall  have  been  elected. 

§  10.  All  vacancies  that  shall  occur  in  the  board  of  aldermen 
shall  be  filled  by  election. 

§  11.  The  mayor  and  each  alderman,  before  entering  upon  the 
duties  of  their  respective  offices,  shall  take  and  subscribe  an  oath  that 
they  will  support  the  constitution  of  the  United  States,  and  of  this 
state,  and  that  they  will  well  and  truly  perform  the  duties  of  their 
office  to  the  best  of  their  skill  and  ability. 

§  12.  Whenever  there  shall  be  a  tie  in  the  election  of  aldermen, 
the  judges  of  election  shall  certify  the  same  to  the  mayor,  who  shall 
determine  the  same  by  lot,  in  such  manner  as  shall  be  provided  by 
ordinance. 


PROVISIONS  OF  FORMER  CHARTER. 


115 


§  13.  There  shall  be  twelve  stated  meetings  of  the  city  council 
in  each  year,  at  such  time  and  places  as  shall  be  prescribed  by  ordinance. 


Article  III. 

OF  THE  CHIEF  EXECUTIVE  OFFICERS,  ETC. 

393.  §  1.  The  chief  executive  officer  of  the  city  shall  be  a  mayor 

who  shall  [bej  elected  by  the  qualified  voters  of  the  city,  and  shall 
hold  his  office  for  one  year,  and  until  his  successor  shall  be  elected 
and  qualified. 

§  2.  No  person  shall  be  eligible  to  the  office  of  maj^or  who  shall 
have  not  been  a  resident  <»f  the  city  for  one  year  next  preceding  his 
election,  and  who  shall  be  under  twenty-five  years  of  age,  or  who  shall 
not,  at  the  time  of  his  election,  be  a  citizen  of  the  United  States. 

§  3.  If  any  mayor,  during  the  time  for  which  he  may  have  been 
elected,  remove  from  the  city,  his  office  shall  be  considered  vacated. 

§  4.  When  two  or  more  persons  shall  have  an  equal  number  of 
votes  for  mayor,  the  judges  of  elections  shall  certify  the  same  to  the 
city  council,  who  shall  proceed  to  determine  the  same  by  lot,  in  such 
manner  as  may  be  provided  by  ordinance. 

§  5.  Whenever  an  election  of  mayor  shall  be  contested,  the  city 
council  shall  determine  the  same  as  may  be  prescribed  by  ordinance. 

§  6.  Whenever  any  vacancy  shall  happen  in  the  office  of  mayor 
it  shall  be  filled  by  election,  the  secretary  giving  at  least  twenty  days’ 
notice  of  the  time  and  place  of  holding  such  election. 


Article  IV. 

OF  ELECTIONS. 

394.  §  1.  On  the  first  Monday  of  April,  A.  D.  1853,  an  elec¬ 
tion  shall  be  held  in  each  ward  of  said  city  for  one  mayor  for  the  city, 
and  two  aldermen  for  each  ward;  and  forever  thereafter,  on  the  first 
Monday  of  April  each  year,  there  shall  be  an  election  field  for  one 
mayor  of  the  city  and  two  aldermen  for  each  ward.  The  first  election 
for  mayor  and  aldermen  shall  be  held,  conducted  and  returns  thereof 
made  as  may  be  provided  by  ordinance  of  the  present  trustees  of  the 
town  of  Monmouth. 

§  2.  All  free  white  male  inhabitants,  over  the  age  of  twenty-one 
years,  who  are  entitled  to  vote  for  state  officers,  and  who  shall  have 
been  actual  residents  of  said  city  for  thirty  days  next  preceding  said 
election,  shall  be  entitled  to  vote  for  city  officers:  Provided,  that  said 


116 


PROVISIONS  OP  FORMER  CHARTER 


voters  shll  give  their  votes  for  mayor  and  aldermen  in  the  wards  in 
which  they  shall  respectively  reside,  and  in  no  other,  and  that  no 
vote  shall  be  received  at  any  of  said  elections  unless  the  person  offer¬ 
ing  such  vote  shall  have  been  an  actual  resident  of  the  ward  where 
such  vote  is  offered  at  least  ten  days  preceding  such  election. 


Article  V. 

OF  THE  LEGISLATIVE  POWERS,  &C. 

395.  §  1.  The  city  council  shall  have  power  and  authority  to 
levy  and  collect  taxes  upon  all  property,  real  and  personal,  within  the 
limits  of  the  city,  not  exceeding  one-half  per  cent,  per  annum  on  the 
assessed  value  thereof,  and  may  enforce  the  payment  of  the  same  in 
any  manner  to  be  prescribed  by  ordinance,  not  repugnant  to  the  con¬ 
stitution  and  laws  of  the  United  States  nor  of  this  State. 

§  2.  The  city  council  shall  have  power  to  appoint  a  clerk,  treas¬ 
urer,  assessor,  marshal,  supervisor  of  streets  and  highways,  and  all 
such  other  officers  as  may  be  necessary. 

§  3.  The  city  council  shall  have  power  to  require  of  all  officers 
appointed  in  pursuance  of  this  charter,  bonds,  with  penalty  and  se¬ 
curity,  conditioned  for  the  faithful  performance  of  their  respective 
duties,  as  may  be  deemed  expedient,  and  also  to  require  all  officers 
appointed  as  aforesaid  to  take  an  oath  for  the  faithful  performance  of 
the  duties  of  their  respective  offices  before  entering  upon  the  dis¬ 
charge  of  the  same;  to  establish,  regulate  and  support  common  schools; 
to  borrow  money  on  the  credited  of  the  city: — Provided,  that  no  sum  or 
sums  of  money  shall  be  borrowed  at  a  greater  rate  of  interest  than  seven 
percent,  per  annum,  nor  shall  the  interest  in  the  aggregate,  on  all 
the  sums  borrowed  and  outstanding,  ever  exceed  one-half  the  city 
revenue  arising  from  taxes  assessed  on  real  property  within  the  limits 
of  the  corporation. 

§  4.  To  appropriate  money  and  provide  for  the  payment  of  the 
debts  and  expenses  of  the  city. 

§  5.  To  make  regulations  to  prevent  the  introduction  of  con¬ 
tagious  diseases  into  the  city;  to  make  quarantine  laws  for  that  pur¬ 
pose,  and  enforce  the  same  within  five  miles  of  the  city. 

§  6.  To  establish  hospitals,  and  make  regulations  for  the  gov¬ 
ernment  of  the  same. 

§  7.  To  make  regulations  to  ensure  the  general  health  of  the 
inhabitants,  to  declare  what  shall  be  a  nuisance,  and  to  prevent  and 
remove  the  same. 

§  8.  To  provide  the  city  with  water;  to  erect  hydrants  and 
pumps  in  the  streets,  for  the  convenience  of  the  inhabitants. 


PROVISIONS  OF  FORMER  CHARTER. 


117 


§  9.  To  open,  alter,  abolish,  widen,  extend,  establish,  grade, 
pave  or  otherwise  improve  and  keep  in  repair,  streets,  avenues,  lanes, 
and  alleys. 

§  10.  To  establish,  erect  and  keep  in  repair,  bridges. 

§11.  To  divide  the  city  into  wards,  alter  the  boundaries  thereof, 
and  erect  additional  wards  as  the  occasion  may  require. 

§  12.  To  provide  for  lighting  the  streets  and  erecting  lamp- 
posts. 

§  13.  To  establish,  regulate  and  support  night-watches. 

§  14.  To  erect  market  houses,  to  establish  markets  and  market 
places,  and  provide  for  the  government  and  regulation  thereof. 

§  15.  To  provide  for  the  erection  of  all  needful  buildings  for 
the  city. 

§  16.  To  provide  for  enclosing,  improving  and  regulating  all 
public  grounds  belonging  to  the  city. 

§  17.  To  license,  tax  and  regulate  auctioneers,  merchants,  re¬ 
tailers,  grocers,  taverns,  ordinaries,  hawkers,  pedlers,  brokers,  pawn¬ 
brokers  and  money  changers. 

§  18.  To  license,  tax  and  regulate  hackney  carriages,  wagons, 
carts  and  drays,  and  fix  the  rates  to  be  charged  for  the  carriage  of 
persons  and  for  the  wagonage  cartage,  and  drayage  of  property. 

§  19.  To  license,  tax  and  regulate  theatrical  and  other  exhibi¬ 
tions,  shows  and  amusements  within  the  city  limits. 

§  20.  To  license,  tax,  restrain,  prohibit  and  ^'suppress  tippling 
houses  and  other  disorderly  houses. 

§  21.  To  provide  for  the  prevention  and  extinguishment  of  fires, 
and  to  organize  and  establish  fire  companies. 

§  22.  To  regulate  the  construction  of  chimneys,  and  fix  the 
places  thereof. 

§  23.  To  provide  for  the  inspection  and  measuring  of  lumber 
and  other  building  materials,  and  for  the  measurement  of  all  kinds  of 
mechanical  works. 

§  24  To  provide  for  the  inspection  and  weighing  of  hay  and 
stone  coal,  the  measurement  of  charcoal,  fire  wood  and  other  fuel,  to 
be  sold  or  used  within  the  city. 

§  25.  To  regulate  the  size  of  bricks  to  be  suld  or  used  in  the 

city. 

§  26.  To  provide  for  taking  the  enumerations  of  the  inhabitants 
of  the  city. 


118 


PROVISIONS  OF  FORMER  CHARTER. 


§  27.  To  regulate  the  election  of  city  officers,  and  provide  for 
removing  from  office  any  person  holding  an  office  created  by 
ordinance. 

§  28.  To  fix  the  compensation  of  all  city  officers,  and  regulate 
the  fees  of  jurors,  witnesses  and  others,  for  services  rendered  under 
this  act  or  any  ordinace. 

§  29.  To  regulate  the  police  of  the  city;  to  impose  fines  and 
forfeitures  and  penalties  for  the  breach  of  any  ordinance;  and  all 
moneys  collected  under  and  by  authority  of  any  city  ordinance  shall 
be  deemed  and  taken  to  belong  to  said  city  and  disposed  of  by  the  city 
council,  under  the  ordinances  of  said  city,  tor  the  general  use  and 
benefit  of  the  inhabitants  thereof;  and  to  provide  for  the  recovery  and 
appropriation  of  such  fines  and  forfeitures  and  the  enforcement  of 
such  penalties. 

§  30.  The  city'  council  shall  have  power  to  make  all  ordinances 
which  shall  be  necessary  and  proper  for  carrying  into  execution  the 
powers  specified  in  this  act,  so  that  such  ordinances  be  not  repugnant 
to  nor  inconsistent  with  the  constitution  of  the  United  States,  nor  of 
the  constitution  of  this  state. 

§  31.  The  style  of  the  ordinances  of  the  city  shall  be,  “Be  it  or¬ 
dained  by  the  city  council  of  the  city  of  Monmouth.” 

§  32.  All  ordinances  issued  by  the  city  council  shall,  within  one 
month  after  they  shall  have  been  passed,  be  published  in  some  news¬ 
paper  published  in  the  city,  and  shall  not  be  in  force  untill  they  have 
been  published  as  aforesaid. 

§  33.  All  ordinances  may  be  proven  by  the  seal  of  the  corpora¬ 
tion,  and  when  printed  or  published  in  book  or  pamphlet  form,  or 
purporting  to  be  printed  and  published  by  authority  of  the  corpora¬ 
tion,  the  same  shall  be  received  in  evidence  in  all  courts  and  places 
without  further  proof. 


Article  VI. 

OF  THE  MAYOR. 

396.  §  1.  The  mayor  shall  preside  at  all  meetings  of  the  city 

council,  and  shall  have  a  casting  vote  and  no  other.  In  case  of  non- 
attendance  of  the  mayor  at  any  meeting  the  board  of  aldermen  shall 
appoint  one  of  their  own  number  chairman,  who  shall  preside  at  that 
meeting. 

§  2.  The  mayor,  or  any  two  aldermen,  may  .call  special  meetings 
of  the  city  council. 

§  3.  The  mayor  shall  at  all  times  be  active  and  diligent  in  en- 


PROVISIONS  OF  FORMER  CHARTER. 


119 


forcing  the  laws  and  ordinances  for  the  government  of  the  city.  He 
shall  inspect  the  conduct  of  all  subordinate  officers  ot  said  city,  and 
cause  negligence  and  positive  violation  of  duty  to  be  prosecuted  and 
punished.  He  shall,  from  time  to  time,  communicate  to  the  aider- 
men  such  information  and  recommend  all  such  measures  as  in  his 
opinion  may  tend  to  the  improvement  of  the  finances,  the  police,  the 
health,  security,  comfort  and  ornament  of  the  city. 

§  4.  He  is  hereby  authorized  to  call  on  every  male  inhabitant  of 
said  city  over  the  age  of  eighteen  years,  to  aid  in  enforcing  the  laws 
and  ordinances,  and  in  case  of  riot  to  call  out  the  militia  to  aid  him 
in  suppressing  the  same,  or  in  carrying  into  effect  any  law  or  ordin¬ 
ance,  and  any  person  who  shall  not  obey  such  call  shall  forfeit  to  said 
city  a  fine  not  exceeding  five  dollars. 

§  5  He  shall  have  power,  whenever  he  may  deem  it  necessary, 
to  require  of  any  of  the  officers  of  said  ci tyr  an  exhibit  of  his  books 
and  papers. 

§  6.  He  shall  have  power  to  execute  all  acts  which  may  be  re¬ 
quired  of  him  by  ordinance  made  in  pursuance  of  this  act. 

§  7.  He  shall  be  commissioned  by  the  governor  as  a  justice  of 
the  peace  for  said  city,  and  as  such  shall  be  a  conservator  of  the  peace 
for  said  city,  and  shall  have  power  and  authority  to  administer  oaths, 
issue  writs  and  process  under  the  seal  of  the  city,  to  take  depositions, 
the  acknowledgment  of  deeds,  mortgages  and  all  other  instruments  of 
writings,  and  certify,  [under]  the  seal  of  the  city,  which  shall  be  good 
and  valid  in  law. 

§  8.  He  shall  have  exclusive  jurisdiction  in  all  cases  arising 
under  the  ordinances  of  the  corporation,  and  concurrent  jurisdiction 
with  all  other  justices  of  the  peace  in  all  civil  and  criminal  cases, 
within  the  limits  of  the  city,  arising  under  the  laws  of  the  state,  and 
shall  receive  the  same  fees  and  compensation  for  his  services  as  are  by 
law  allowed  to  justices  of  the  peace  in  similar  cases. 

§  9.  He  shall  also  have  such  jurisdiction  as  may  be  vested  in 
him  by  ordinance  of  the  city,  in  and  over  all  places  within  five  miles 
of  the  boundaries  of  the  city,  for  the  purpose  of  enforcing  the  health 
and  quarantine  ordinances  and  regulations  thereof. 

§  10.  He  shall  receive  for  his  services  such  salary  as  shall  be 
fixed  by  an  ordinance  of  the  city. 

§  11.  In  case  the  mayor  shall  at  any  time  be  guilty  of  a  palpa¬ 
ble  omission  of  duty,  or  shall  willfully  and  corruptly  be  guilty  of 
oppression,  malconduct  or  partiality  in  the  discharge  of  the  duties  of 
his  office,  he  shall  be  liable  to  be  indicted  in  the  circuit  court  of  War¬ 
ren  county;  and  on  conviction  he  shall  be  fined  not  more  than  two 
hundred  dollars,  and  the  court  shall  have  power,  on  the  recommenda¬ 
tion  of  the  jury,  to  add  to  the  judgment  of  the  court  that  he  be 
removed  from  office. 


120 


PROVISIONS  OP  FORMER  CHARTER, 


Article  VII. 

OF  PROCEEDINGS  IN  SPECIAL  CASES. 

397.  §  1.  When  it  shall  be  necessary  to  take  private  property 

for  opening,  widening  or  altering  any  public  street,  lane  or  alley,  the 
corporation  shall  make  a  just  compensation  to  the  person  whose 
property  is  so  taken;  and  if  the  amount  of  such  compensation  can  not 
be  agreed  on,  the  mayor  shall  cause  the  same  to  be  ascertained  by  a 
jury  of  six  disinterested  freeholders  of  the  city. 

§  2.  When  the  owners  of  the  property  on  a  street,  lane,  avenue 
or  alley  proposed  to  be  opened,  widened  or  altered,  shall  petition 
therefor,  the  city  council  may  open,  widen  or  alter  such  street,  lane, 
avenue  or  alley,  on  conditions  to  be  prescribed  by  ordinance,  but  no 
compensation  shall  in  such  case  be  made  to  those  whose  property 
shall  be  taken  for  the  opening,  widening  or  altering  such  street,  lane, 
avenue  or  alley,  nor  shall  there  be  any  assessment  ot  benefit  or  dam¬ 
ages  that  may  accrue  to  any  of  the  petitioners. 

§  3.  All  jurors  empanneled  to  inquire  into  the  amount  of  bene¬ 
fits  or  damages  which  shall  happen  to  the  owners  of  property  pro¬ 
posed  to  be  taken  for  opening,  widening  or  altering  any  street,  lane 
or  alley,  shall  first  be  sworn  to  that  effect,  and  shall  return  to  the 
mayor  their  inquest  in  writing,  signed  by  each  juror. 

§  4.  In  ascertaining  the  amount  of  compensation  for  proper! y 

taken  for  opening,  widening  or  altering  any  street,  lane,  avenue  or 

alley,  the  jury  shall  take  into  consideration  the  benefits  as  well  as  the 

injury  happening  by  such  opening,  widening,  or  altering  any  such 

street,  lane,  avenue  or  alley. 

• 

§  5.  The  mayor  shall  have  power,  for  good  cause  shown,  within 
ten  days  after  any  inquest  shall  have  been  returned  to  him  as  afore¬ 
said,  to  set  the  same  aside  and  cause  a  new  inquest  to  be  made. 

§  6.  The  cit}r  council  shall  have  power,  by  ordinance,  to  levy 
and  collect  a  special  tax  on  the  holders  of  the  lots  in  any  street,  lane, 
avenue  or  alley,  according  to  their  respective  fronts  owned  by  them, 
for  the  purpose  ot  paving  and  grading  the  sidewalks,  and  lighting- 
said  street,  lane  or  a  lie}7. 


Article  VIII. 

MISCELLANEOUS  PROVISIONS. 

398.  §  1.  The  inhabitants  of  the  city  of  Monmouth  are  hereby 

exempted  from  working  on  any  road  beyond  the  limits  of  the  city, 
and  from  paying  any  tax  to  pay  laborers  to  work  on  the  same. 

§  2.  The  city  shall  have  power,  for  the  purpose  of  keeping 
the  streets,  lanes,  avenues  and  alle}Ts  in  repair,  to  require  every  male 


PROVISIONS  OF  FORMER  CHARTER. 


121 


inhabitant  in  said  city,  over  twenty  one  years  of  age,  to  labor  on  said 
streets,  lanes,  avenues  and  alleys,  not  exceeding  three  days  in  each 
and  every  year;  and  any  person  failing  or  refusing  to  perform  such 
labor,  when  duly  notified  by  the  supervisor,  shall  forfeit  and  pay  the 
sum  of  seventy-five  cents  per  day  for  each  day  so  neglected  or  refused. 

§  3.  The  city  council  shall  have  power  to  provide  for  the  pun¬ 
ishment  of  offenders  by  imprisonment  in  the  county  or  city  jail,  in  all 
cases  where  such  offenders  shall  fail  or  refuse  to  pay  the  lines  and  for¬ 
feitures  which  may  be  recovered  against  them. 

§  4.  The  city  council  shall  cause  to  be  published,  annually,  a 
full  and  complete  statement  of  all  moneys  expended  by  the  corpora¬ 
tion  during  the  preceding  year,  and  on  what  account  received  and 
expended. 

§  5.  All  ordinances  and  resolutions  passed  by  the  president  and 
trustees  of  the  town  of  Monmouth  shall  remain  in  full  force  until  the 
same  shall  be  repealed  by  the  city7  council  hereby  created. 

§  6.  All  suits,  actions  and  prosecutions  instituted,  commenced 
or  brought  by  the  corporation  hereby  created,  shall  be  instituted, 
commenced  and  prosecuted  in  the  name  of  the  city  of  Monmouth. 

§  7.  All  actions,  fines,  penalties  and  forfeitures  which  have 
accrued  to  the  present  trustees  of  the  town  of  Monmouth,  shall  be 
vested  in  and  may  be  prosecuted  b}7  the  corporation  hereby  created. 

§  8.  All  property,  real  and  personal,  heretofore  belonging  to  the 
president  and  trustees  of  the  town  of  Monmouth,  for  the  use  of  the 
inhabitants  of  said  town,  shall  be  and  the  same  is  hereby  declared  to 
be  vested  inffhe  corporation  hereby  created. 

§  9.  This  charter  shall  not  invalidate  any  act  done  by  the  presi¬ 
dent  and  trustees  of  the  town  of  Monmouth,  or  divest  them  of  any 
rights  which  may  have  accrued  to  them  prior  to  the  passage  of  this  act. 

§  10.  The  '  president  and  trustees  of  the  town  of  Monmouth 
shall,  immediately  after  the  passage  of  this  act,  take  measures  to  pro¬ 
mulgate  this  law  within  the  limits  of  the  city  of  Monmouth,  and 
issue  their  proclamation  for  the  election  of  officers,  and  cause  the 
same  to  be  published  in  all  the  newspapers  in  the  said  city  for  two 
weeks  prior  to  the  time  of  such  election  for  said  officers. 

§  11.  Appeals  shall  be  allowed  from  decisions  in  all  cases  arising 
under  the  provisions  of  this  act,  or  any  ordinance  passed  in  pursuance 
thereof,  to  the  circuit  court  of  Warren  bounty,  and  every  such  appeal 
shall  be  taken  and  granted  in  the  same  manner  and  with  like  effect 
as  appeals  are  taken  from  and  granted  by  justices  of  the  peace  to  the 
circuit  court  under  the  laws  of  this  state. 

§  12.  Whenever  the  mayor  shall  absent  himself  from  the  city, 


122 


PROVISIONS  OF  FORMER  CHARTER. 


or  shall  resign  or  die,  or  his  office  shall  be  otherwise  vacated,  the  board 
of  aldermen  shall  immediately  proceed  to  elect  one  of  their  number 
president,  who  shall  be  mayor  pro  tern. 

§  13.  This  act  is  hereby  declared  to  be  a  public  act,  and  may  be 
read  in  evidence  in  all  courts  of  law  and  equity  within  this  state  with¬ 
out  proof. 

§  14.  All  acts  and  parts  of  acts  coming  within  the  provisions 
of  this  charter,  or  contrary  to  or  inconsistent  with  its  provisions,  are 
hereby  repealed. 

§  15.  The  city  marshal,  or  any  other  officer  authorized  to  exe¬ 
cute  writs  or  other  process  issued  by  the  mayor,  shall  have  power  to 
execute  the  same  anywhere  within  the  limits  of  the  county  of  Warren, 
[andj  shall  be  entitled  to  the  same  fees  for  traveling  as  are  allowed 
constables  in  similar  cases. 

§  16.  The  president  and  trustees  of  the  town  of  Monmouth 
shall  cause  an  election  to  be  held  in  said  town  on  the  first  Monday  in 
the  month  ot  September,  one  thousand  eight  hundred  and  fifty-two, 
at  which  the  inhabitants  residing  within  the  city  limits,  who  are 
authorized  to  vote  for  state  officers,  shall  vote  for  or  against  the 
adoption  of  this  charter;  and  if  a  majority  of  the  votes  given  at  such 
election  shall  be  in  favor  of  the  adoption  of  said  charter  the  same 
shall  immediately  take  effect  as  a  law;  but  if  a  majority  of  the  votes 
cast  at  said  election  shall  be  againsf  the  adoption  of  said  charter  then 
this  act  to  be  of  no  effect. 

Approved  June  21. 1852. 


AMENDMENTS  TO  CHARTER. 

AN  ACT  to  alter  and  define  the  limits  of  the  city  of  Monmouth,  in  Warren  county. 

399.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  repre¬ 
sented  in  the  General  Assembly ,  That  the  limits  of  the  city  of  Mon¬ 
mouth,  in  the  county  of  Warren,  be  and  they  are  so  restricted  and 
curtailed  that  the  same  shall  contain  and  include  only  the  land  des¬ 
cribed  as  follows,  to-wit:  All  of  section  twenty-nine,  the  east  half  of 
section  thirty,  the  northeast  quarter  of  section  thirty  one,  and  the 
north  half  of  section  thirty-two,  in  township  eleven  north,  in  range 
two  west  of  the  fourth  principal  meridian  in  said  Warren  county,  and 
no  more. 

Approved  February  16th.  1859. 


AN  ACT  to  amend  the  city  charter  of  the  city  ot  Monmouth,  in  the  county  of  Warren, 

and  slate  of  Illinois. 

400.  Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  repre- 


PROVISION’S  OP  FORMER  CHARTER. 


123 


sented  in  the  General  Assembly ,  That  so  much  of  the  charter  of  said 
city  as  gives  the  city  council  of  said  city  the  power  to  establish,  regu¬ 
late  and  support  common  schools  within  said  city  be,  and  the  same  is 
hereby  repealed.  Provided,  That  the  city  council  of  said  city  shall, 
as  soon  as  may  be,  after  the  passage  of  this  act,  proceed  to  reorganize 
the  common  schools  of  said  city  under  and  in  conformity  with  the 
general  school  laws  of  the  state,  and  when,  and  as  soon  as  said  schools 
shall  be  so  reorganized  the  powers  of  said  city  council  over  said 
schools  shall  cease,  and  all  school  property,  real  and  personal,  belong¬ 
ing  to  said  schools,  and  all  rights  of  action  in  favor  of  the  same,  now 
vested  in  said  city  council,  shall,  by  virtue  hereof,  be  transferred  to, 
and  vested  in,  the  like  officers  in  the  township  of  Monmouth,  in  said 
county,  as  other  school  property  is  vested  in  the  various  towns  by 
virtue  of  the  general  school  laws  of  this  state. 

§  2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage.  . 

Approyed  February  21,  1863. 


AN  ACT  to  amend  an  act  entitled  “An  Act  to  Incorporate  the  City  of  Monmouth,” 

approved  June  21,  1832. 

401.  §1.  Be  it  enacted  by  fin?  ‘People  of  the  State  of  Illinois, 

represented,  in  the  General  Assembly,  That  in  addition  to  the  powers 
already  vested  in  the  city  council  of  said  city  of  Monmouth,  by  virtue 
of  the  above  entitled  act,  the  said  city  council  shall  have  power  lo 
tax,  restrain,  prohibit  and  suppress  tippling  houses,  dram  shops, 
gambling  houses,  bawdy  houses,  and  other  disorderly  houses,  within 
said  city,  and  within  one  mile  thereof,  but  not  to  license  any  house  or 
place  for  the  sale  of  intoxicating  drinks  of  any  kind  as  a  beverage. 

§  2.  To  prevent  and  prohibit  the  introduction,  keeping,  manu¬ 
facturing  or  selling  of  any  vinous,  malt,  spirituous,  mixed  or  intoxi¬ 
cating  liquors  within  said  city,  and  within  one  mile  thereof  (except 
for  medicinal,  chemical  and  manufacturing  purposes,)  and  to  prohibit 
tjie  giving  the  same  away  with  a  view  to  evade  any  penalty  which 
ma}r  be  provided  for  the  unlawful  sale  of  such  liquors. 

§  3.  The  city  council  shall  have  power  to  make  all  ordinances 
which  shall  be  necessary  and  proper  for  carrying  into  operation  the 
powers  specified  in  this  act,  and  in  the  act  to  which  this  is  an  amend¬ 
ment,  so  that  such  ordinances  be  not  repugnant  to,  nor  inconsistent 
with  the  constitution  of  this  state,  nor  of  the  United  States. 

§  4.  The  city  council  of  said  city  shall  have  power  to  provide 
for  the  punishment  of  offenders  against  the  ordinances  of  said  city,  by 
imprisonments  in  the  county  jail  of  the  county  of  Warren,  in  said 
state,  not  exceeding  thirty  days  for  any  one  offense;  and  in  all  cases 
where  such  offenders  shall  fail  or  refuse  to  pay  the  fines,  forfeitures, 


124 


PROVISIONS  OF  FORMER  CHARTER. 


penalties  and  costs  which  may  be  recovered  or  adjudged  against  them, 
it  shall  be  competent  tor  the  police  magistrate,  or  other  court  before 
whom  the  same  may  be  tried,  to  direct  that  such  offenders  shall  be 
committed  to  said  county  jail,  until  such  tines,  forfeitures,  penalties 
and  costs  are  paid,  or  until  such  offenders  are  otherwise  discharged 
by  law. 

§  5.  In  all  cases  of  applications  for  change  of  venue  in  prosecu¬ 
tions  arising  under  the  ordinances  of  said  city,  either  before  the  police 
magistrate,  or  in  an  appellate  court,  the  defendant,  in  order  to  be 
entitled  to  such  change  of  venue,  shall  be  required  to  comply  with 
the  provisions  ot  the  statute  of  the  State  of  Illinois,  entitled  “An  act 
to  amend  chapter  one  hundred  and  six  of  the  Revised  Statutes,  entitled 
venue,  approved  February  21,  1861;  and  in  all  cases  of  change  of 
venue,  the  parties  to  the  prosecution  shall  have  the  right  to  take 
depositions,  to  be  read  in  evidence  on  the  trial  of  said  cause  as  is  now 
provided  by  law  in  civil  causes.  , 

§  6.  This  act  shall  he  deemed  and  taken  to  be  a  public  act,  and 
shall  be  in  force  from  and  alter  its  passage,  and  all  laws  and  parts  of 
laws  in  conflict  herewith  are  hereby  repealed. 

Approved  February  14,  1865. 

*•  •*(.  A 

■  /  - 

ADDITIONAL  powers  granted  by  “An  Act  to  incorporate  towns  and  cities,”  approved 

February  10,  1849,  and  contained  in  the  charter  of  the  city  of  Quincy : 

402.  The  city  council  shall  have  power  *  * 

To  license  and  regulate  porters,  and  fix  the  rate  of  porterage. 

************ 

To  regulate  and  prohibit  the  erection  of  wooden  buildings  in  any 
part  of  the  city. 

To  regulate  the  storage  of  gun-powder,  tar,  pitch,  rosin  and  other 
combustible  materials. 

To  regulate  and  order  parapet  walls  and  partition  fences. 

To  establish  standard  weights  and  measures,  and  regulate  the 
weights  and  measures  to  be  used  in  the  city  in  all  cases  not  otherwise 
provided  for  by  law. 

To  provide  for  and  regulate  the  inspection  of  tobacco,  beef,  pork, 
flour,  meal  and  whisky  in  barrels. 

To  regulate  the  inspection  of  butter,  lard  and  other  provisions. 

To  regulate  the  weight,  quality  and  price  of  bread  to  be  sold  and 
used  in  the  city. 

The  city  council  shall  have  exclusive  power  within  the  city,  by 
ordinance,  to  license,  regulate,  and  restain  the  keeping  of  ferries,  and 
to  suppress  and  restrain  billiard  tables. 


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i 

- 


. 

. 


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. 


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■  -  ?  PH 


SITY  ORDINANCES. 


v 


AN  ORDINANCE  for  revising  and  consolidating  the  several  ordinances  of  the  city  of 

Monmouth. 


Whereas,  It  is  expedient  that  the  general  ordinances  of  the  city 
of  Monmouth  should  be  revised,  consolidated  and  arranged  in  appro¬ 
priate  chapters,  articles  and  sections;  that  omissions  should  be  sup¬ 
plied  and  defects  amended,  and  that  the  whole  should  be  rendered 
plain,  concise  and  intelligible;  therefore, 

Be  it  ordained ,  By  the  city  council  of  the  city  of  Monmouth,  as 
follows: 


CHAPTER  T. 


rite  Mayor  and  Iris  J)a tier. 


Article  1. 

THE  MAYOR. 


403.  The  mayor  shall  sign  all  commissions  and  permits  granted 
by  the  authority  of  the  city  council,  except  as  otherwise  provided,  and 
such  other  acts  as  by  law  or  ordinance  may  require  his  signature. 

404.  The  mayor  shall  grant  all  licenses  authorized  by  this  ordi¬ 
nance,  the  granting  of  which  is  not  otherwise  provided  herein,  to 
such  persons  as  he  may  deem  proper,  according  to  the  ordinances  of 
the  city,  unless  the  city  council  shall  otherwise  designate,  and  may 
revoke  the  same  in  accordance  with  the  provisions  herein. 

405.  The  mayor  shall  supervise  the  conduct  of  all  the  officers  of 
the  city;  examine  the  grounds  of  all  reasonable  complaints  made 
against  any  of  them,  and  cause  all  their  violations  of  duty  and  other 
neglects  to  be  promptly  punished  or  reported  to  the  proper  tribunal 
for  correction. 

406.  The  mayor  shall  appoint,  by  and  with  the  advice  and  con¬ 
sent  of  the  city  council,  all  officers  whose  appointment  is  not  by  the 
laws  of  this  state  otherwise  provided  for:  and  whenever  a  vacancy 
shall  happen  in  any  office,  which  by  law  he  is  empowered  to  fill,  he 
shall  within  thirty  days  after  the  happening  of  such  vacancy,  com¬ 
municate  to  said  council  the  name  of  his  appointee  to  such  office,  and 


128 


CITY  ORDINANCES. 


pending  the  concurrence  of  the  city  council  in  such  appointment  the 
mayor  may  appoint  some  suitable  person  to  discharge  the  duties  of 
such  office. 

407.  The  mayor  may,  whenever  he  shall  deem  it  necessary,  issue 
his  proclamation  for  the  apprehension  of  any  person  who  may  have 
committed  a  crime  within  the  city  of  Monmouth,  and  may,  in  such 
proclamation,  offer  a  reward,  not  exceeding  three  hundred  dollars,  to 
be  paid  out  oi  the  city  treasury,  upon  the  certificate  of  the  mayor 
that  the  service  required  has  been  performed. 

408.  The  mayor  and  city  clerk  are  hereby  authorized  and  em¬ 
powered  to  sell  and  convey  any  and  all  lots  and  parcels  of  land  to 
which  a  title  is  held  by  the  city  under  sale  and  conveyance  for  the 
city  taxes  or  assessments,  upon  such  terms  as  may  be  agreed  upon, 
with  the  consent  of  the  finance  committee;  but  in  no  case  shall  such 
sale  and  conveyance  be  made  for  a  less  consideration,  in  case  of  tax 
titles  arising  from  sales  for  general  taxes,  than  the  amount  of  the 
original  purchase  money  and  subsequent  taxes  paid  by  the  city,  with 
interest  at  the  rate  of  ten  per  cent,  per  annum. 

409.  The  salary  of  the  mayor  shall  be  two  hundred  dollars  per 
annum. 


•  CHAPTER  II. 

Ley  isla  f  i  re  J)e  part  merit. 

1.  The  City  Council. 

II.  The  City  Clerk. 

Article  1. 

THE  CITY  COUNCIL. 

410.  The  mayor  shall  appoint  the  standing  committees  of  the 
city  council. 

411.  Every  committe  of  the  city  council,  in  reporting  upon  a 
subject  referred  to  them,  must  attach  to  their  report  all  resolutions, 
petitions,  remonstrances  and  other  papers  in  their  possession  relative 
to  the  matters  referred. 

412.  The  compensation  to  be  paid  aldermen  for  their  services  is 
hereby  fixed  at  the  sum  of  three  dollars  to  each  alderman,  for  each 
meeting  of  the  city  council  actually  attended  by  him;  and  no  other 
compensation  than  for  attendance  upon  such  meetings  shall  be  allowed 
to  any  alderman,  for  any  services  whatsoever. 

Article  II. 

THE  CITY  CLERK. 

413.  The  city  clerk  shall,  before  entering  upon  the  duties  of'  his 


CITY  ORDINANCES. 


129 


office,  execute  a  bond  to  the  corporation,  with  two  sufficient  sureties, 
to  be  approved  by  the  city  council  and  filed  in  the  office  of  the  city 
treasurer,  in  the  penal  sum  ot  five  thousand  dollars,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office.  He  shall,  in  addi¬ 
tion  to  the  duties  now  imposed  upon  that  officer  by  law,  apd  the  duties 
imposed  by  law  upon  the  office  of  city  comptroller,  also  perform  the 
following  duties: 

414.  1.  He  shall  issue  notices  to  the  members  of  the  city  coun¬ 
cil,  when  directed  by  that  body;  to  the  members  of  the  different  com¬ 
mittees  of  that  body,  and  to  all  persons  whose  attendance  will  be 
required  before  any  such  committee,  when  directed  by  the  chairman 
thereof — and  shall  also  issue  notices  of  special  meetings. 

415.  2.  He  shall  attest  all  the  licenses  granted  by  the  mayor  or 
the  city  council,  under  the  ordinances  of  the  city. 

416.  He  shall,  without  delay,  deliver  to  the  officers  of  the  cor¬ 
poration,  and  to  all  committees  of  the  city  council,  all  resolutions  and 
communications  referred  to  those  officers  or  committees  by  that  body. 

417.  He  shall,  without  delay,  deliver  to  the  mayor  all  ordinances 
or  resolutions  under  his  charge,  which  may  require  to  be  approved  or 
otherwise  acted  upon  by  the  mayor,  with  all  papers  on  which  the 
same  were  founded. 

418.  He  may  appoint  a  deputy,  who  in  the  absence  of  the  clerk, 
in  case  of  sickness  or  otherwise,  shall  be  empowered  to  perform  all 
the  duties  of  the  clerk. 

419.  He  shall  deliver  to  his  successor  in  office  all  books,  papers, 
records,  and  everything  pertaining  to  his  office. 

420.  The  salary  of  the  city  clerk  shall  be  six  hundred  dollars 
per  annum. 


CHAPTER  III. 

Of  Finance. 

4 

I.  Board  of  Finance. 

II.  Duties  of  City  Clerk. 

III.  Duties  of  Treasurer. 

Article  I. 

BOARD  OF  FINANCE. 

421.  There  is  hereby  established  an  executive  department  of  the 
municipal  government  of  the  city  of  Monmouth,  which  shall  be 
known  as  the  board  of  finance,  and  which  shall  have  control  of  the 
fiscal  concerns  of  said  city  in  the  manner  herein  provided. 


135: 


CITY  '  OHDUTANCES. 


422.  Said  board  of  finance  shall  embrace  the  city  treasurer,  the 
city  clerk,  and  all  such  clerks  and  assistants  as  the  city  council  may, 
by  ordinance,  see  fit  to  prescribe  and  establish.  The  city  clerk  shall 
be  the  head  of  said  board,  and  have  the  management  and  control  of 
all  matters  and  things  pertaining  thereto.  The  mayor  and  the  mem¬ 
bers  ot  the  financial  committee  of  the  city  council  shall  be  ex-officio 
members  of  said  board. 

423.  The  fiscal  year  of  the  city  of  Monmouth  shall  commence 
on  the  first  Monday  in  April  in  each  and  every  year,  beginning  on 
the  first  Monday  of  April,  1883. 

Article  If. 

DUTIES  OF  CITY  CLERK  AS  COMPTROLLER. 

424.  The  city  clerk  shall  be  charged  with,  and  shall  exercise  a 
general  supervision  over  all  the  officers  of  the  city,  charged  in  any 
manner  with  the  receipt,  collection,  or  disbursement  of  city  revenues, 
and  the  collection  and  return  of  such  revenues  into  the  city  treasury. 
He  shall  be  the  fiscal  agent  of  said  city,  and  as  such  shall  have  charge 
of  all  deeds,  mortgages,  contracts,  judgments,  notes,  bonds,  debts 
and  choses  in  action,  belonging  to  said  city,  except  such  as  are  by 
law  or  ordinance  to  be  deposited  elsewhere;  and  shall  possess  and 
carefully  preserve  all  assessment  warrants,  and  the  returns  thereof 
made  by  any  collector  or  receiver  of  assessments. 

425.  He  shall  have  supervision  over  the  city  debts,  contracts, 
bonds,  obligations,  loans  and  liabilities  of  the  city;  the  payment  of 
interest,  and  generally,  in  subordination  to  the  mayor  ana  city  coun¬ 
cil,  exercise  supervision  over  all  such  interests  of  said  city  as,  in  any 
manner,  may  concern  or  relate  to  the  city  finances  and  revenues. 

426.  He  shall,  in  connection  with  the  finance  committee  of  the 
city  council,  revise,  audit  and  settle  all  accounts  in  which  the 
corporation  is  concerned,  either  as  debtor  or  creditor,  or  where  pro¬ 
vision  for  the  settlement  thereof  is  not  otherwise  provided  for  by  law, 
and  the  settlement  of  which  is  not  especially  committed  by  ordinance 
to  some  other  authority. 

427.  He  shall  have  power  in  making  such  settlements  and 
adjustments,  and  for  the  purpose  of  ascertaining  the  true  state  of  any 
balance  or  balances  so  due,  to  require  any  claimant  or  claimants  to 
deposit  and  hie  with  said  clerk  a  statement  in  writing  under  oath,  as 
to  any  fact,  matter  or  thing  concerning  the  correctness  of  any 
account,  claim  or  demand  presented. 

428.  Said  clerk  shall  open  and  keep,  in  a  clear  metholical  man¬ 
ner,  a  complete  set  of  books  under  the  direction  of  the  mayor  and 
finance  committee  of  the  city  council,  wherein  shall  be  stated,  among 
other  things,  the  appropriations  of  the  year  for  each  distinct  object 
and  branch  of  expenditure,  and  also  all  the  receipts  from  each  and 


CITY  ORDINANCES, 


131 


every  source  of  revenue,  so  far  as  he  can  ascertain  the  same.  Said 
books,  and  all  papers,  vouchers,  contracts,  bonds,  receipts  and  other 
things  kept  in  said  office,  shall  be  subject  to  the  examination  of  the 
mayor,  the  members  ot  the  city  council,  or  any  committees  thereof. 

429.  He  shall  require  of  all  officers  charged  in  any  manner  with 
the  receipt,  collection  or  disbursement  of  the  city  revenues,  to  make 
monthly  statements  in  writing,  showing  in  detail  all  such  receipts, 
collections  and  disbursements,  and  to  file  the  same  in  the  office  of  said 
clerk. 

430.  It  shall  be  the  duty  of  the  clerk,  whenever  any  officer  shall 
refuse  or  neglect  to  make  such  report,  or  adjust  his  accounts  whenever 
required  to  do  so  by  the  clerk,  and  pay  over  to  the  proper  officer  an}^ 
moneys  in  his  possession  belonging  to  the  city,  to  cause  a  notice  in 
writing  to  be  served  upon  such  officer  and  his  sureties,  demanding  a 
settlement  of  his  accounts  forthwith,  and  in  case  of  the  refusal  or 
neglect  of  such  officer  for  a  period  of  five  days  after  said  notice,  to 
make  such  settlement  and  pay  over  said  moneys,  the  clerk  shall 
report  such  officer  to  the  mayor,  who  shall  immediately  remove  him 
from  office,  and  proceedings  for  the  recovery  of  any  moneys  due  the 
city  from  him  shall  be  at  once  instituted  against  such  delinquent  and 

-  his  sureties. 

431.  It  shall  be  the  duty  of  tiie  city  clerk,  at  the  close  of  each 
fiscal  year,  to  place  to  the  credit  of  the  general  fund  all  unexpended 
appropriations  for  such  year,  but  which  shall  not  include  contracts  or 
liabilities  entered  into  by  virtue  of  authority  of  such  appropriation, 
and  which  remain  unpaid  at  the  close  of  said  fiscal  year:  Provided , 
that  no  such  disposition  shall  be  made  of  any  trust  fund  or  funds  or 
special  assessments  that  by  law  are  specific  and  under  the  direct  con¬ 
trol  of  officers  specially  appointed  for  their  disbursement. 

432.  It  shall  be  the  duty  of  the  city  clerk,  as  nearly  as  may  be, 
to  charge  all  officers  in  the  receipt  of  revenues  or  moneys  of  the  city, 
with  the  whole  amount,  from  time  to  time,  ot  such  receipts. 

433  The  city  clerk  shall  make  out  an  annual  statement,  for 
publication,  on  or  before  the  second  Tuesday  in  April,  in  each  year, 
giving  a  full  and  detailed  statement  of  all  the  receipts  and  expendi¬ 
tures  during  the  fiscal  year  ending  on  the  first  Monday  in  April. 
Said  statement  shall  also  detail  the  liabilities  and  resources  of  said 
city,  the  condition  of  .all  unexpended  appropriations  and  contracts 
unfulfilled,  and  the  balances  of  money  then  remaining  in  the  treasury, 
with  all  sums  due  and  outstanding;  the  names  of  all  persons  who 
may  have  become  defaulters  to  the  city,  and  the  amount  in  their 
hands  unaccounted  for,  and  all  other  things  necessary  to  exhibit  the 
true  financial  condition  of  the  city;  which  statement,  when  examined 
and  approved  by  the  finance  committee,  shall  be  published  by  him  as 
aforesaid. 


132 


CITY  ORDINANCES. 


434.  He  shall,  also,  on  or  before  the  first  Monday  of  May  in 
each  year,  before  the  annual  appropriations  are  made  by  the  city 
council,  submit  to  the  same  a  report  of  the  estimates  necessary,  as 
nearly  as  may  be,  to*defray  the  expenses  of  the  city  government  dur¬ 
ing  the  current  fiscal  year,  commencing  on  the  fiist  Monday  in  April; 
he  shall,  in  said  report,  class  the  different  objects  and  branches  of  said 
city  expenditure,  giving,  as  nearly  as  may  be,  the  amount  required 
for  each;  and  for  this  purpose  he  is  authorized  to  require  of  all  city 
officers,  their  statements  of  the  condition  and  expense  of  their  respec¬ 
tive  departments  and  offices,  with  any  proposed  improvement  and  the 
probable  expense  thereof;  of  contracts  already  made  and  unfinished, 
and  the  amount  of  any  unexpended  appropriations  of  the  preceding 
year.  He  shall,  also,  in  such  report,  show  the  aggregate  income  of 
the  preceding  fiscal  year  from  all  sources;  the  amount  of  liabilities 
outstanding  upon  which  interest  is  to  be  paid,  and  of  bonds  and  city 
debts  payable  during  the  year,  when  due  and  where  payable,  so  that 
the  city  council  may  fully  understand  the  money  exigencies  and 
demands  of  the  city  for  the  current  year. 

4:35.  It  is  also  made  the  duty  of  the  city  clerk  at  the  first  meet¬ 
ing  of  the  city  council,  in  each  quarter  of  the  fiscal  year,  to  present 
a  quarterly  statement  of  all  moneys  received,  and  from  what  sources, 
and  on  what  account  received,  and  of  all  moneys  ordered  paid  or 
drawn  for  by  warrant,  by  him,  and  on  what  account  the  same  have 
been  paid,  for  the  quarter  preceding  that  in  which  the  statement  is 
made. 

436.  The  mayor  shall  sign  all  warrants  drawn  upon  the  treas¬ 
urer.  and  the  same  shall  be  countersigned  by  the  clerk,  and  shall  state 
therein  the  particular  fund  or  appropriation  to  which  the  same  is 
chargeable  and  the  person  to  whom  payable;  and  no  money  shall  be 
otherwise  paid  than  upon  warrants  so  drawn. 

437.  The  financial  committee  of  the  city  council,  together  with 
the  other  members  of  the  board  of  finance,  shall  meet  annually  in 
the  month  of  April,  and  compare  all  reports  made  by  the  clerk 
and  treasurer,  and  shall  m  ike  a  report  thereon  to  the  city  council  at 
the  next  regular  meeting  thereof,  which  report  it  shall  be  the  duty  of 
the  clerk  to  prepare. 

Article  HI. 

THE  CITY  TREASURER. 

438.  The  city  .treasurer  shall,  before  entering  upon  the  duties  of 
his  office,  execute  a  bond,  with  sureties,  to  be  approved  by  the  city 
c  mncil,  in  a  sum  not  less  than  the  amount  of  the  estimated  tax  and 
special  assessments  for  the  current  year. 

439.  It  shall  be  the  duty  of  the  treasurer  to  receive  and  pay  out, 
according  to  the  requirements  ot  the  council.  mone}r  realized  by  the 
city  from  its  various  sources  of  revenue.  He  shall  pay  orders,  or  war- 


CITY  ORDINANCES.  133 

*  ••  • *  *>“  *  v  •  •  .  ... 

rants,  drawn  against  a  particular  fund,  only  out  of  the  money  belong¬ 
ing  to  such  fund.  If,  at  the  time  such  orders  or  warrants  are  presented 
to  him  for  payment,  there  is  not  in  his  hands  money  belonging  to  the 
fund,  against  which  such  warrants  or  orders  are  drawn,  he  shall  in¬ 
dorse  on  such  warrants,  or  orders,  the  words:  “ Presented  for  pay¬ 
ment  ”  (noting  the  date),  and  shall  sign  the  same  in  his  official  capacity. 
Such  warrants  or  orders  shall  thereupon  bear  interest  at  the  rate  of  six 
per  cent,  per  annum  from  the  time  they  were  so  presented.  He  shall 
make  an  entry  of  the  number,  date  and  amount,  of  all  such  orders,  to 
whom  payable,  and  on  what  fund,  and  the  date  of  their  presentment, 
and  shall  make  report  of  the  same  to  the  city  clerk,  in  his  monthly 
reports. 

440.  He  shall  receive  all  moneys  belonging  to  the  corporation, 
and  shall  render  at  the  end  of  each  and  every  month,  and  oftener,  if 
required,  a  statement  under  oath  to  the  city  clerk,  showing  the  state 
of  the  treasury  at  the  date  of  such  account,  and  the  balance  of  the 
money  in  the  treasury.  Said  statement  shall  set  forth  all  the  money 
received  by  him,  and  from  whom,  and  on  what  account  they  shall 
have  been  received;  also,  of  all  moneys  paid  out  by  him,  and  on  what, 
account  they  shall  have  been  paid. 

441.  He  shall  report  to  the  city  clerk  any  officer,  who  may  fail 
to  make  a  return  of  the  moneys  received  by  him  at  the  time  required 
by  law,  or  by  the  ordinances  of  the  city. 

442.  The  treasurer  shall  cause  to  be  kept  books  of  account,  in 
such  manner  as  to  show  with  entire  acuracy,  all  moneys  received  by 
him,  and  from  whom,  and  on  what  account  they  shall  have  been  re¬ 
ceived;  and  of  all  moneys  paid  out  by  him,  and  on  what  account  they 
shall  have  been  paid,  and  in  such  manner  that  said  books  may  be 
readily  understood  and  investigated;  which  books  and  all  papers  and 
files  of  said  office,  shall  at  all  times  be  open  to  the  examination  of  the 
city  clerk,  the  finance  committee,  or  any  member  of  the  city  council. 

443.  Me  shall  at  the  expiration  of  his  term  of  office  deliver  to  his 
successor  all  books,  papers,  records,  moneys  and  things  pertaining  to 
his  office. 

444.  The  salary  of  the  city  treasurer  shall  be  two  hundred 
dollars  per  annum. 


CHAPTER  IV. 

The  City  Attorney — His  Duties . 

Article  I. 

THE  CITY  ATTORNEY. 

445.  The  city  attorney  shall,  before  entering  upon  the  duties 


134 


CITT  ORDINANCES.  * 


of  his  office,  execute  a  bond  to  the  corporation,  with  one  or  more 
sureties,  to  be  approved  by  the  city  council  and  filed  in  the  office  of 
the  city  clerk,  in  the  penal  sum  of  one  thousand  dollars,  conditioned 
for  the  faithful  performance  of  the  duties  of  his  office. 

446.  The  city  attorney  shall  be  the  legal  adviser  of  the  city, 
and  shall,  when  required  by  the  city  council,  give  his  opinion  in 
writing  upon  all  questions  of  law,  arising  under  the  statutes  of  the 
state  or  ordinances  of  the  city,  or  upon  any  questions  submitted  to 
him  by  the  mayor  or  city  council,  or  by  any  officer  of  the  city.  He 
shall  also  prepare  proper  drafts  for  contracts,  forms,  ordinances  and 
other  writing  which  may  be  required  for  the  use  of  the  city. 

% 

447.  He  shall  superintend  and  conduct  all  the  law  business  of 
the  city,  and  is  charged  with  the  prosecution  of  all  suits  for  the  viola¬ 
tion  of  the  ordinances  of  the  city,  and  with  the  conducting  of  all 
proceedings  before  justices,  or  upon  appeals  to  the  county  or  circuit 
court. 

448.  He  shall  keep  in  proper  books  to  be  provided  for  that  pur¬ 
pose,  a  register  of  all  actions  in  courts  of  record,  prosecuted  or 
defended,  in  which  the  city  may  be  a  party,  and  all  proceedings  had 
therein,  and  which  shall  at  all  times  be  open  to  the  inspection  of  the 
mayor,  or  any  committee  of  the  city  council. 

449.  He  shall  draw  such  ordinances  as  may  be  required  of  him 
by  the  city  council,  or  by  any  committee  thereof',  and  all  leases,  deeds, 
and  other  papers  connected  with  the  finance  department,  and  all  con¬ 
tracts  for  any  of  the  other  departments  of  the  corporation,  when  so 
required  by  the  head  of  the  department. 

,  450.  He  shall  take  appeals  in  all  such  cases  as  he  shall  deem  the 

interests  of  the  city  requires,  and  prosecute  and  defend  the  same  in 
the  county,  circuit,  appellate  and  supreme  courts;  and  he  shall  do 
and  perform  all  other  duties  incident  to  his  profession,  and  that  may 
be  ordered  by  ordinance  or  resolution  of  the  city  council. 

451.  Upon  the  expiration  of  his  term  of  office,, or  his  resignation 
thereof,  or  removal  therefrom,  the  city  attorney  shall  forthwith,  on 
demand,  deliver  to  his  successor  in  office  all  papers  in  his  hands  be¬ 
longing  to,  or  delivered  to  him  by  the  corporation,  or 
any  of  its  officers,  and  all  papers  in  actions  prosecuted  by  him,  and 
which  are  then  pending  and  undetermined,  together  with  his  register 
thereof,  and  of  the  proceedings  therein. 

452.  The  salary  of  the  city  attorney  shall  be  four  hundred 
dollars  per  annum. 


CITY  ORDINANCES. 


135 


CHAPTER  V. 

Superintendent  of  Streets — His  Duties ,  Subordinates ,  Etc. 

Article  I. 

SUPERINTENDENT  OF  STREETS. 

153.  There  is  hereby  created  the  office  of  superintendent  of 
streets,  who  shall  hold  his  office  for  the  term  of  two  years,  and  until 
his  successor  shall  be  elected  and  qualified.  He  shall  have  the  man¬ 
agement  and  control  of  all  matters  and  things  pertaining  to  the  streets 
and  alleys  of  the  city,  and  the  appointment  and  removal,  with  the 
consent  of  the  mayor,  of  all  his  subordinate  officers,  and  said  subor¬ 
dinate  officers  may,  with  the  consent  of  the  superintendent,  appoint 
and  remove  all  employes  in  their  respective  departments. 

454.  Said  superintendent  of  streets  shall  be  elected  at  the  annual 
election  for  municipal  officers  on  the  third  Tuesday  in  April,  1883, 
and  biennially  thereafter. 

455.  He  shall,  before  entering  upon  the  duties  of  his  office,  exe¬ 
cute  a  bond  to  the  city  of  Monmouth,  in  the  sum  of  five  thousand 
dollars,  wfith  such  sureties  as  the  city  council  shall  approve,  condi¬ 
tioned  for  the  faithful  performance  of  the  duties  of  his  office. 

456.  It  shall  be  the  duty  of  the  superintendent  of  streets  to  see 

that  the  streets  and  alleys,  and  other  public  highways  of  the  city,  are' 
kept  in  good  and  proper  repair,  and  to  superintend  such  repairs. 
When  improvements  are  ordered  to  be  made  on  any  street,  or  other 
public  highway,  by  the  council,  such  improvement  shall  be  made 
under  his  supervision,  and  pursuant  to  such  order.  In  repairs,  in¬ 
volving  more  than  ordinary  expenditure,  he  shall,  in  making  such 
repairs,  confer  with  and  act  under  the  direction  of  the  committee  on 
streets  and  alleys.  * 

457.  The  superintendent  of  streets  shall  have  power  to  employ 
such  labor  as  may  be  needed  for  work  on  the  public  highways  of  the 
city,  at  such  rates  as  the  council  may  fix  by  order  or  resolution. 

458.  It  shall  also  be  the  duty  of  the  superintendent  of  streets  to 
see  that  the  crossings  on  the  public  streets  within  the  business  portion 
of  the  city,  and' such  other  crossings  as  the  council  or  the  mayor  shall 
from  time  to  time  direct,  are  kept  clean  and  free  from  mud,  ice  and 
snow,  and  that  the  walks  about  the  public  parks,  city  buildings  and 
lots  are  likewise  properly  cleaned  whenever  the  same  tn ay  be  necessary. 

459.  It  shall  be  the  duty  of  the  superintendent  of  streets  to 
require  all  the  inhabitants  of  the  city,  liable  to  road  labor,  to  perform 
the  same  under  the  provisions  of  this  ordinance;  to  superintend  and 
direct  such  labor,  and  to  collect  for  the  commutation  thereof,  the 
amount  provided  by  ordinance. 


130. 


CITY  ORDINANCES. 


460.  The  superintendent  of  streets  shall,  at  each  and  every 
regular  meeting  of  the  council,  make  a  full  report  of  his  doings, 
which  report  shall  show: 

First — The  name  of  each  person  employed  by  him. 

Second — The  time  which  each  person  has  performed  labor,  and 
the  kind  of  labor. 

r 

Third — The  amount  due  to  each  person  for  such  labor. 

Fourth — Upon  what  street  or  alley,  or  other  highway,  such  labor 
was  performed. 

461.  It  shall  be  the  duty  of  the  superintendent  of  streets  to  pre¬ 
pare  and  present  to  the  city  clerk  on  or  before  the  first  Monday  in 
May  of  each  year,  an  estimate  of  the  amount  that  will  probably 
be  needed  for  road  purposes,  including  the  cost  of  constructing  and 
repairing  sidewalks  for  the  year  commencing  on  the  first  Monday  of 
April. 

462.  The  superintendent  shall  make  a  monthly  report  to  the 
city  clerk  of  all  moneys  collected  by  him  for  commutation  of  road  tax, 
and  shall,  annually,  on  or  before  the  first  Monday  in  April,  make  a 
detailed  report  to  the  clerk,  showing  the  entire  transaction  connected 
with  his  office  during  the  past  year,  and  shall  include  therein  the  total 
amount  collected  as  commutation  of  road  tax  for  the  year,  with  names 
of  persons  paying  the  same. 

t 

463.  It  shall  be  the  duty  of  the  superintendent  of  streets  to 
notify  the  city  attorne3T  whenever,  in  his  judgment,  suit  should  be 
brought  against  any  citizen  for  road  tax  due  and  unpaid. 

464.  The  salary  of  the  superintendent  of  streets  shall  be  seven 
hundred  dollars  per  annum. 


CHAPTER  YI, 

Health  Department. 

1.  The  Board  of  Health— its  powei's. 

2.  Orders  of  the  Board— how  executed. 

3.  The  Health  Officer— his  duties. 

Article  I. 

HEALTH  DEPARTMENT — ITS  POWERS. 

465.  There  is  hereby  established  an  executive  department  of  the 
municipal  government  of  the  city  of  Monmouth,  which  shall  be 
known  as  the  health  department,  and  shall  consist  of  a  board  of  health 
composed  of  a  health  officer,  who  shall  be  a  physician  in  good  stand¬ 
ing  in  his  profession,  and  two  citizens  of  this  city,  who  shall  be  ap¬ 
pointed  by  the  mayor,  by  and  with  the  advice  and  consent  of  the 


CITY  ORDINANCES.  ,  137 

council,  at  tlieir  first  regular  meeting  in  May,  1883,  and  annually 
thereafter,  and  shall  hold  office  for  one  year,  and  until  their  success¬ 
ors  are  appointed  and  qualified. 

466.  The  mayor  shall  he  ex-officio  president  of  the  board  of 
health,  and  the  city  clerk  shall  be  ex  officio  its  secretary. 

467.  The  board  of  health  shall  meet  at  the  council  chamber  at 
least  once  in  each  quarter  of  the  fiscal  year,  and  at  such  other  times 
and  places  as  they  shall  be  called  together,  as  otherwise  provided  in 
this  ordinance. 

468.  Two  citizens,  or  the  health  officer  and  one  citizen,  shall  be 
necessary  to  constitute  a  quorum  at  any  meeting  of  the  board. 

469.  The  board  of  health  shall  have  the  power  to  make  such 
regulations  as  it  shall  deem  necessary  for  the  public  health  and  safety, 
respecting  nuisances,  sources  of  filth  and  cause  of  sickness  within 
the  city. 

470.  When  the  board  shall  make  any  general  regulation  in  regard 
to  the  health  or  cleanliness  of  the  city,  it  shall  cause  a  copy  of  such 
regulation,  duly  attested  by  the  secretary,  to  be  published  in  some  news¬ 
paper  of  the  city  for  the  space  of  one  week.  Such  publication  shall 
be  deemed  legal  notice  to  all  persons  of  the  regulation  so  made  by 
the  board. 

471.  The  board  of  health  are  further  empowered: 

First — To  exercise  a  general  sanitary  supervision  over  the  city  of 
Monmouth,  and,  to  that  end,  may  adopt  such  measures  as  will  pro¬ 
mote  the  cleanliness  and  health  of  the  city. 

Second — To  cause  the  abatement  of  nuisances,  of  ever}'  sort,  in 
any  manner  prejudicial  to  health,  on  private  property  as  well  as  on 
public  property. 

Third — To  notify  the  owner  or  occupant  of  any  lot  or  parcel  of 
ground,  on  which  any  nuisance  or  cause  of  sickness  exists,  or  is  found, 
to  remove  the  same,  at  his  own  expense,  within  such  time  as  they 
may  deem  reasonable. 

Fourth — To  require,  by  general  regulation  or  otherwise,  the  own¬ 
ers  or  occupants  of  any  property  abutting  on  any  alley  or  lane,  to 
cleanse  said  alley  and  to  remove  therefrom  any  filth  or  cause  of  sick¬ 
ness,  within  such  time  as  they  may  prescribe. 

Fifth — To  make  such  regulations  and  orders  as  they  may  deem 
prudent  and  advisable  in  regard  to  the  cleansing  of  drains,  sewers  and 
other  passages  for  the  discharge  of  water  within  the  city. 

Sixth — To  make  such  regulations  and  use  such  precautions  as  in 
their  judgment  will  prevent  the  introduction  into  the  city  of  any 
malignant,  infectious  or  contagious  disease,  and  to  establish  hospitals 


138 


CITY  OR-IHKaKCEB. 


or  pest  houses,  when  they  shall  deem  it  necessary  to  prevent  the 
spread  of  any  infectious  or  contagious  disease. 

Seventh — To  cause  any  person  sick  with  any  contagious  or  infec¬ 
tious  disease,  who  has  no  fixed  habitation  of  his  own  in  the  city,  to 
be  removed  to  some  retired  place,  unless  such  person  is  able  and  can 
obtain  care  and  treatment  elsewhere  at  his  own  expense.  If  the  con¬ 
dition  of  any  person,  sick  with  any  such  disease,  is  such  that,  in  the 
opinion  of  the  board,  his  removal  would  be  attended  with  danger,  the 
board  shall  make  such  disposition  of  him  as  will  secure  to  him  proper 
and  humane  treatment  and  attention,  and  at  the  same  time  prevent, 

as  far  as  they  can,  the  spread  of  the  disease  from  which  he  is  suffering. 

* 

Eighth — To  make  such  regulations  and  restrictions  in  regard  to 
communication  or  intercourse,  by  and  with  all  houses,  tenements,  or 
other  places,  and  the  persons  occupying  the  same,  it)  which  there 
shall  be  any  person  sick,  with  any  contagious,  malignant,  or  infectious 
disorder,  as  they  shall  deem  necessary  and  proper. 

Ninth — The  notice  referred  to  in  subdivision  three  (3)  of  the  pre¬ 
ceding  section  shall  describe,  with  ordinary  certainty,  the  nuisance, 
or  cause  of  sickness,  the  removal  of  which  is  therein  required,  and 
shall  be  served  by  the  marshal,  or  any  police  officer,  or  by  any  con¬ 
stable,  in  the  way  that  notices  are  served  in  civil  actions.  If  the 
owner  or  occupant  fails  to  remove  such  nuisance  within  the  time 
xequired  in  such  notice,  he  shall  be  liable  to  a  penalty  of  not  more 
than  twenty-five  dollars  for  every  day  during  which  he  knowingly 
permits  such  nuisance  or  cause  of  sickness  to  remain  after  the  time 
prescribed  for  the  removal  thereof,  and  if  the  board  or  health- officer 
shall  cause  such  nuisance,  or  cause  of  sickness  to  be  abated  or  re¬ 
moved,  the  expenses  of  such  removal  may  be  recovered  in  an  action 
against  either  the  owner  or  the  occupant,  as  either  may  have  been 
served  with  the  notice  to  remove,  or  against  both,  if  both  were  served 
with  such  notice. 

Article  II. 

ORDERS  OF  BOARD  ETC.,  HOW  EXECUTED. 

472.  The  city  marshal  shall  attend  all  meetings  of,  and  serve  all 
precepts  and  notices  issued  by  said  board  and  signed  by  the  clerk,  and 
shall  be  the  officer  of  the  board  of  health  to  execute  any  orders  of  said 
board,  or  any  member  of  said  board,  directed  to  him,  and  such  police 
officers  as  the  board  of  health  may  direct  shall  serve  notices  and 
precepts  issued  by  said  board,  and  shall  execute  all  orders  of  the 
board  directed  to  them;  and  shall  attend  to  the  abatement  or 
removal  of  all  nuisances,  and  perform  such  other  duties  in  relation 
to  nuisances  as  the  board  may  direct;  and  as  often,  and  in 
such  manner,  as  may  be  required  of  them,  shall  examine 
the  condition  of  all  streets,  lanes,  avenues,  alleys,  market  places  and 
public  squares,  and  private  yards  of  the  city,  and  report  to  said  board, 
or  any  member  thereof,  all  nuisances  found  therein;  and  shall  notify 


CITY  ORDINANCES. 


139 


persons  upon  whose  premises,  or  premises  occupied  by  them,  any 
nuisance  may  exist,  to  remove  the  same,  and  if  it  be  not  removed  forth¬ 
with,  to  make  a  report  thereof  in  writing  to  said  board,  or  any  mem¬ 
ber  thereof;  to  visit,  at  least  once  a  week,  and  oftener,  when  required 
by  said  board,  or  any  member  thereof,  every  part  of  the  city:  to  arrest 
any  person  found  violating  any  city  ordinance  which  relates  to  the 
sanitary  regulations  of  the  city;  and  to  arrest  persons  throwing,  or 
permitting  to  be  thrown,  from  their  premises  into  their  yard,  or  into 
any  street  or  alley,  any  filth  or  other  matter  prohibited  by  the  or¬ 
dinances  of  the  city,  or  the  regulations  of  the  board  of  health;  and  in 
other  respects  to  exercise  the  utmost  diligence  in  enforcing  the  or¬ 
dinance  in  regard  to  the  health  of  the  city. 

473.  The  owner  or  occupant  of  every  lot  or  building,  or  any  ap¬ 
purtenances  thereof,  shall  keep  every  part  thereof  free  from  filth  or 
anything  offensive  to  the  neighborhood  about  the  same,  likely  to  con¬ 
tribute  to  disease  or  infection,  or  which  is  prohibited  by  the  board  of 
health;  and  upon  failure  to  do  so,  it  is  hereby  made  the  duty  of  the 
city  marshal  or  health  officer,  upon  complaint,  inspection,  or  order 
of  the  board  of  health,  immediately  to  give  notice  to  the  owner  or 
occupant  thereof,  and  require  him  to  do  such  act  as  the  said  officer, 
under  the  direction  of  the  board  of  health,  shall  deem  necessary  for 
the  health  of  said  city,  and  in  case  of  failure  to  comply  with  such  re¬ 
quirements  for  the  space  of  twelve  hours,  said  officer  is  required  and 
empowered  to  do  such  acts  himself,  keeping  a  correct  account  of  all 
the  expenses  of  the  same,  for  all  of  which  expenses  said  owner  or  oc¬ 
cupant  shall  be  liable,  and  may  be  fined  fora  violation  of  the  pro¬ 
visions  of  this  ordinance. 

474.  It  shall  be  the  duty  of  every  physician  in  the  city  to  report 
to  the  health  officer  every  case  of  scarlet  fever,  diptheria,  cholera 
or  small-pox.  or  other  contagious  or  infectious  disease  he  may  be 
called  upon  to  attend  within  the  city  limits,  or  within  five  miles  of 
the  same,  within  twelve  hours  after  he  shall  have  examined  the 
p  itient.  with  the  location  of  the  house,  and  name  of  occupants,  and 
street. 

475.  All  persons  having  scarlet  lever,  small-pox,  or  other  con¬ 
tagious  or  infectious  disease,  in  the  city,  are  hereby  required  to  keep 
closely  confined  within  their  respective  dwellings  or  places  of  abode; 
and  the  board  of  health  or  health  officer  may  cause  suitable  notices, 
with  the  name  or  character  of  the  disease,  printed  or  written  in 
large  letters  thereon,  to  be  posted  up  in  the  most  conspicuous  place, 
on  or  near  such  dwelling  or  place  of  abode,  in  which  such  contagious 
or  infectious  disease  exists;  and  if  any  person  or  persons  shall  deface, 
alter,  mutilate,  destroy,  or  tear  down  such  notice,  without  permission 
of  the  health  officer,  such  person  or  persons  shall  be  liable,  for  each 
offense,  to  pay  a  fine  of  not  less  than  five  dollars,  nor  more  than  fifty 
dollars;  the  occupant  of  any  house  upon  which  such  notice  shall  be 
placed  or  posted  as  aforesaid,  shall  be  held  responsible  for  the  removal 


140 


CITY  ORDINANCES. 


of  the  same,  and  if  the  same  shall  be  removed  without  the  permission 
of  the  health  officer,  such  occupant  shall  be  subject  to  the  like  tine  of 
not  less  than  five  dollars,  nor  more  than  fifty  dollars,  unless  he  shall 
notify  the  health  officer  within  twenty-four  hours  after  the  removal 
of  the  said  notice. 

476.  The  health  officer  may  take  such  measures  as  he  may, from 
time  to  time,  deem  necessary  to  prevent  the  spread  of  small  pox.  by 
issuing  an  order  requiring  all  persons  in  the  city,  or  any  part  thereof, 
requiring  vaccination,  to  be  vaccinated  within  such  time  as  he  shall 
prescribe;  and  all  persons  refusing  or  neglecting  to  obey  such  order 
shall  be  liable  to  a  fine  of  not  less  than  three  dollars  nor  more  than 
twenty-five  dollars:  Provided ,  that  it  shall  be  the  duty  of  the  health 
officer  to  provide  for  the  vaccinnation  of  such  persons  as  are  unable  io 
to  pay  for  the  same,  at  the  expense  of  the  city. 

477.  All  persons  are  required  to  obey  the  ordinances,  precepts, 
regulations  and  requirements  of  said  board  or  the  health  officer;  and 
whoever  shall  fail,  refuse  or  neglect  so  to  do,  shall  be  guilty  of  a  mis¬ 
demeanor,  and  fined  not  less  than  one  nor  more  than  one  hundred 
dollars. 

Article  III. 

HEALTH  OFFICER — HIS  DUTIES. 

478.  The  health  officer  shall,  before  entering  upon  the  duties  of 
his  office,  execute  a  bond  to  the  city  of  Monmouth,  in  the  penal  sum 
of  two  thousand  dollars,  with  sureties  to  be  approved  by  the  city 
council,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office. 

479.  It  shall  be  the  duty  of  the  health  officer  to  call  meetings  of 
the  board  of  health  whenever  in  his  opinion  there  is  a  necessity  for 
such  meeting,  and  to  issue  such  orders  and  take  such  measures  as  may 
be  necessary  for  the  abatement  of  nuisances  of  every  sort  in  any  man¬ 
ner  prejudicial  to  health,  whether  on  public  or  private  property 
within  the  city  limits,  or  within  one  mile  thereof;  to  see  that  the 
orders  of  the  board  of  health  are  obeyed,  in  relation  to  any  person 
attacked  by  a  contagious  disease;  to  attend  the  meetings  of  the  board 
of  health,  and  act  as  a  member  thereof. 

480.  Each  member  of  the  board  shall  have  a  reasonable  compen¬ 
sation  for  every  day  he  shall  attend  the  meetings  of  the  board. 
The  board  of  health  shall  also  keep  a  correct  and  full  account  of  all 
other  expenses  incurred  by  them,  with  whom,  and  on  what  account, 
and  whether  payable  by  the  city  or  by  individuals,  and  a  like  account 
of  all  moneys  expended,  to  whom  paid,  and  on  what  account,  and 
shall,  at  the  end  of  every  month,  render  to  the  city  council  an  account 
ot‘  all  expenses  that  may  have  been  incurred  under  their  authority,  and, 
upon  the  board  certifying  to  the  correctness  of  the  same,  and  the 


OITY  ORDINANCES'."  141 

same  being  approved  by  the  city  council,  a  warrant  shall  issue  throreef, 
payable  out  of  any  money  not  otherwise  appropriated;  and  the  health 
officer  shall  have  a  reasonable  compensation  allowed  him  by  the  coun¬ 
cil  tor  any  additional  services  he  may  perform  under  the  provisions  of 
this  chapter,  and  shall  present  his  bills  for  such  services  to  the  city 
council  at  the  regular  meetings  thereof. 


CHAPTER  VII. 

The  Police  Department . 

I.  The  City  Marshal,  his  duties. 

II.  The  Deputy  Marshal. 

III.  The  Police  Officers,  their  duties. 

•  *  .  Article  I. 

THE  CITY  MARSHAL. 

481.  There  is  hereby  created  the  office  of  city  marshal  who  shall 
hold  his  office  for  the  term  of  two  years,  and  until  his  successor  shall 
be  duly  qualified.  The  marshal  shall  be  elected  at  the  annual  elec¬ 
tion  for  municipal  officers  on  the  third  Tuesday  in  April,  1883,  and 
bienially  thereafter. 

482.  He  shall,  before  entering  upon  the  duties  of  his  office,  ex¬ 
ecute  a  bond  to  the  city  of  Monmouth  in  the  penal  sum  of  five  thousand 
dollars,  with  such  sureties  as  the  city  council  shall  approve,' condi¬ 
tioned  for  the  faithful  performance  of  the  duties  of  his  office. 

483.  He  shall  devote  his  whole  time  to  the  municipal  affairs  of 
the  city  of  M  mmouth,  to  preserve  the  peace,  order,  safety  and  cleanli¬ 
ness  thereof,  and  to  this  end,  he  shall  execute  and  enforce  all  ordin¬ 
ances  and  orders  of  the  city  council,  and  the  orders  of  the  mayor. 

4S4.  He  shall  be  charged  with  the  duty  of  protecting  the  rights 
of  persons  and  property,  and  providing  a  proper  police  force  at  eyery 
fire,  protecting  strangers  and  travelers  at  railway  stations,  and  caus¬ 
ing  to  be  enforced  all  ordinances  of  the  city. 

485.  He  shall  take  notice  of  all  nuisances,  impediments,  obstruc¬ 
tions  and  defects  in  the  streets,  avenues,  alleys  and  public  places  of 
the  city,  and  shall  remove  the  same,  or  cause  immediate  notice  thereof 
to  be  given  to  the  superintendent  of  streets. 

4S6.  It  shall  be  the  duty  of  the  city  marshal  to  attend  all  meet¬ 
ings  of  the  city  council  and  of  the  board  of  health,  and  to  serve  all 
writs,  notices  and  precepts  of  both  the  city  council  and  the  board  of 
health. 

4ST.  It  shall  be  the  duty  of  the  city  marshal  to  execute  all  writs 
or  other  process  issued  by  the  mayor  or  police  magistrate  of  the  city; 


OITY  ORDIKaKCEs.  " 


149: 

to  collect  by  execution  or  otherwise,  all  fines,  forfeitures  and  penalties 
which  may  accrue  to  the  said  city  not  otherwise  provided  lor  by 
ordinance  or  resolution  of  the  city  council;  to  diligent^  inquire  into 
and  report  to  the  mayor  all  violations  of  the  city  ordinances,  viola¬ 
tions  of  the  criminal  law  of  the  State,  breaches  of  the  peace,  and  to 
prosecute  the  persons  guilty  thereof;  to  ferret  out  all  suspicious  or 
disorderly  houses  in  the  city,  and  report  the  same  to  the  mayor,  and 
visit  all  parts  ot  the  city  where  disturbances  or  breaches  of  the  peace, 
or  violation  of  any  ordinance  are  likely  to  occur;  to  arrest  without 
warrant  any  person  who  shall  be  found  violating  any  ordinance  of 
the  city,  and  bring  such  person  before  the  police  magistrate  to  be 
dealt  with  according  to  law;  to  preserve  and  safely  keep  all  moneys 
or  property  which  may"  be  found  upon  the  person,  in  possession 
of  or  claimed  by  any  person  arrested  for  crime,  and 
pay  or  deliver  over  the  same  by  the  order  of  the  mayor  of  the  city; 
and  the  said  marshal  shall  on  or  before  the  first  Tuesday  in  April  in 
each  year  make  out  and  hand  over  to  the  clerk  of  the  council  a  repo,  t 
of  all  money  received  by  him  by  virtue  of  his  office,  and  what  disposi¬ 
tion  has  been  made  of  the  same,  and  he  shall  in  the  discharge  of  his 
duties  as  marshal,  have  the  power  to  execute  writs  or  other  process 
issued  by  the  mayor  and  police  magistrate  anywhere  within  the  limits 
of  Warren  county,  and  in  the  discharge  of  his  duties  he  shall  be 
invested  with  the  same  powers  as  are  conferred  upon  constables  by 
the  laws  of  this  State;  and  it  shall  be  his  imperative  duty  to  be  active 
and  vigilant,  and  enforce  the  several  provisions  of  all  the  ordinances 
of  said  city,  and  he  shall  do  and  perform  such  other  duties  as  may  be 
required  of  him  by  ordinance,  resolution  or  order  of  the  city  council. 

488.  The  city  marshal  shall,  at  the  first  regular  meeting  of  the 
council  in  each  quarter  of  the  fiscal  year,  render  a  detailed  report 
to  the  council  in  writing  of  all  his  acts  as  city  marshal  during  the 
preceding  quarter,  with  a  statement  ot  all  arrests  made  in  the  city  by 
him,  or  by  any  of  his  subordinate  officers,  during  said  preceding  quar¬ 
ter,  and  at  the  same  time  a  statement  to  the  clerk,  in  writing,  of  all 
moneys  received  and  all  sums  paid  out  by  virtue  of  his  office  during 
said  quarter,  and  shall  require  all  his  subordinate  officers,  including 
the  deputy  marshal,  to  make  a  report  to  him  at  the  close  of  each 
month,  showing  in  detail  the  number  of  arrests  made,  name  of  person 
arrested,  cause,  etc.,  and  the  receipt  and  disbursement  of  any  moneys 
by  them  during  the  preceding  month. 

489.  He  shall  prepare  and  submit  to  the  city  clerk,  on  or  before 
the  first  day  of  May  in  every  year,  an  estimate  of  the  whole  cost  and 
expenses  of  providing  for  and  m  lintaining  the  department  of  said 
city  during  the  current  fiscal  year,  which  estimate  shall  be  in  detail, 
and  shall  be  laid  by  said  clerk  before  the  city  council,  with  his  annual 
estimate. 

490.  The  salary  of  the  city  marshal  shall  be  seven  hundred  doll- 


OITY  ORDINANCES.  143 

ars  per  annum,  payable  monthly,  and  he  shall  not  receive  any  fees,  or 
any  other  remuneration  whatever. 

Article  II. 

THE  DEPUTY  MARSHAL. 

491.  The  city  council  may  create  the  office  of  deputy  marshal 
of  the  city,  who  shall  be  appointed  by  the  mayor,  by  and  with  the 
advice  and  consent  of  the  city  council,  and  shall  hold  office  for  one 
year,  and  until  his  successor  shall  be  appointed  and  qualified. 

492.  Before  entering  upon  the  duties  of  his  office  he  shall  execute 
a  bond  to  the  city  of  Monmouth  in  the  penal  sum  of  two  thousand 
dollars,  with  sureties,  to  be  approved  by  the  council,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office. 

493.  It  shall  be  the  duty  of  the  deputy  marshal  to  aid  and  assist 

the  marshal  in  preserving  the  peac3  and  good  order  of  the  city,  and 
in  enforcing  the  laws  and  ordinances  thereof.  He  shall  have  power  to 
arrest  any  person  or  persons  whom  he  may  discover  violating  any  of 
the  laws  or  ordinances  of  the  city,  and  shall  have,  under  the  marshal’s 
direction,  the  same  powers,  and  shall  perform  the  same  duties  as  the 
marshal.  , 

494.  The  city^  council  shall  determine  the  amount  of  his  salary, 
and  he  shall  be  entitled  to  no  other  compensation. 

Article  III. 

THE  POLICE  OFFICERS — THEIR  DUTIES. 

495.  At  the  first  regular  meeting  of  the  city  council  in  the 
month  of  May,  in  each  and  every  year,  or  as  soon  thereafter  as  prac¬ 
ticable,  the  city  marshal  shall  appoint  by  and  with  the  advice  and 
consent  of  the  city  council,  not  less  than  three,  nor  more  than  fifteen 
policemen  for  said  city,  whose  duties  shall  be  to  discover  and  bring  to 
justice  criminals,  and  all  persons  who  shall  offend  against  the  laws 
and  ordinances  of  this  city;  and  perform  such  other  duties  as  attach 
to  the  functions  of  detective  and  police  officers.  The  powers  of  the 
said  policemen  shall  be  the  same  as  those  of  the  city  marshal  of  said 
city  on  all  occasions  of  arrest,  service  of  process,  and  quarreling, 
disturbances,  and  the  preventing  of  violations  of  the  laws  and  ordin¬ 
ances  of  this  city. 

496.  All  police  officers  shall,  when  on  duty,  be  under  the  direc¬ 
tion  and  control  of  the  city  marshal,  except  as  otherwise  provided  by 
ordinance. 

497.  At  any  time  when  it  shall  become  necessary  in  order  to 
maintain  peace  and  good  order  in  the  city,  the  city  marshal  may 
appoint  any  number  of  extra  policemen,  whose  powers  and  duties 


144 


01TY  OftOFtfANCKS. 


shall  be  the  same  as  regular  policemen,  who  shall  hold  such  office 
until  they  shall  be  discharged  or  relieved  by  the  officer  making  such 
appointment,  and  they  shall  receive  such  compensation  for  their  ser¬ 
vices  as  shall  be  allowed  policemen  regularly  appointed. 


498.  Any  policeman  appointed  by  the  city  marshal  may  at  any 
time  be  discharged  from  office  by  the  city  marshal  when  the  services 
of  any  such  policeman  are  not  longer  necessary;  and  any  policeman 
maybe  removed  from  office  by  the  city  marshal,  with  the  advice  and 
consent  of  the  mayor,  at  any  time  for  any  misconduct,  or  dereliction 
of  duty,  or  when  in  the  judgment  of  the  city  marshal,  the  public 
good  may  require  it,  without  any  formal  trial  or  investigation  or 
charges  preferred. 


499.  Every 
shall  wear  on  his 
official  duties. 


policeman  appointed  by  virtue  of  this  ordinance 
breast  a  metal  star  when  acting  in  discharge  of*  his 


500.  In  all  cases  of  violation  of  any  ordinance  of  the  city,  or  in 
case  of  any  violation  of  the  criminal  laws  of  this  state,  it  shall  be  the 
duty  of  the  city  marshal,  or  any  policeman  of  said  city,  upon  view 
thereof,  or  upon  immediate  pursuit,  forthwith  to  arrest  the  offender, 
or  offenders,  without  warrant,  and  proceed  to  prosecute  such  offender, 
or  offenders,  according  to  law.  And  the  city  marshal  or  any  police¬ 
man  of  said  city  may,  and  shall  if  necessary,  call  to  his  aid  or  assist¬ 
ance  any  male  person  or  persons  who  are  residents  of  said  city,  above 
the  age  of  twenty-one  years;  and  any  such  person  or  persons  who 
shall  refuse  to  give  assistance  when  so  called  upon  shall,  on  conviction, 
forfeit  and  pay  a  fine  of  five  dollars. 

501.  The  powers  and  duties  of  the  city  marshal  or  any  of  the 
aforesaid  policemen  acting  under  the  authority  and  direction  of  the 
city  marshal,  shall  extend  to  regulating  and  directing  the  travel  and 
movements  of  any  and  all  persons,  teams,  horses,  carriages,  and^  al|; 
vehicles  traveling  or  going  in  the  public  streets  and  other  public 
thoroughfares  of  said  city,  for  tire  purpose  of  preventing  collisions  or 
injuries  to  persons  and  property  while  going  or  traveling  on  any  such 
streets  and  thoroughfares  of  said  city,  and  each  and  all  persons  so 
traveling  or  going  as  above  provided,  are  required  to  observe  and  obey 
the  orders  and  directions  of  the  city  marshal  or  any  policeman  of  said 
city,  made  for  the  purpose  aforesaid,  when  so  traveling  as  aforesaid; 
and  any  person  or  persons  violating  or  failing  or  neglecting  or  relus- 
ing  to  observe  or  obey  any  such  orders  and  directions  of  the  city 
marshal  or  any  policeman  shall,  on  conviction,  be  fined  live  dollars; 
and  the  city  marshal  or  any  such  policeman  may  arrest  any  person 
violating  this  section  of  this  ordinance  without  warrant. 

502.  Before  entering  upon  the  duties  of  his  office,  each  police 
officer  who  shall  be  appointed  to  the  regular  police  force  shall  execute 
a  bond  to  the  city  of  Monmouth  in  the  penal  sum  of  five  hundred 


CITY  ORDINANCES.  145 

dollars,  with  surety,  to  be  approved  by  the  city  council,  conditioned 
for  the  faithful  performance  of  the  duties  ot  his  office. 

503.  It  shall  be  the  duty  of  every  police  officer,  immediately 
upon  an  alarm  of  fire,  to  repair  to  the  place  of  the  fire  and  there  re¬ 
main  subject  to  the  direction  of  the  mayor,  or  if  he  be  not  present,  to 
the  city  marshal  for  the  discharge  of  police  duty,  and  to  aid  in  extin¬ 
guishing  the  fire,  and  preserving  and  protecting  property  as  well  from 
the  fire  as  from  the  hands  of  pilferers,  thieves  and  any  other  not  the 
owners,  who  would  make  way  with  any  such  property. 

504.  The  police  officers  shall  receive  as  compensation  for  their 
services  such  fees  as  the  council  may  by  ordinance  provide. 


CHAPTER  VIII. 

The  City  Engineer. 

I.  City  Engineer. 

His  duties,  etc. 

Ex-officio  surveyor. 

Article  I. 

CITY  ENGINEER,  ETC. 

505.  There  is  hereby  established  the  office  of  city  engineer,  who 
shall  hold  office  for  the  term  of  one  year,  and  until  his  successor  shall 
be  appointed  and  qualified. 

508.  The  city  engineer  shall  be  appointed  by  the  mayor,  by  and 
with  the  advice  and  consent  of  the  council,  at  the  first  regular  meet¬ 
ing  in  May,  1883,  or  as  soon  thereafter  as  may  be,  and  annually 
thereafter. 

507.  He  shall,  before  entering  upon  the  duties  of  his  office,  ex¬ 
ecute  a  bond  to  the  city,  with  surety,  to  be  approved  by  the  city  council, 
in  the  penal  sum  of  five  hundred  dollars,  conditioned  for  the  faithful 

performance  of  the  duties  of  his  office. 

« 

508.  The  city  engineer  shall  be  ex-officio  the  city  surveyor,  and 
shall  perform  all  the  duties  of  that  office,  in  addition  to  such  other 
duties  as  the  council  may  by  order,  resolution,  or  ordinance  require. 

509.  It  shall  be  the  duty  of  such  engineer,  when  ordered  by  the 
city  council,  to  ascertain  and  establish  the  grade  of  any  street,  avenue, 
alley  and  public  square  within  the  corporate  limits  of  the  city,  and 
mark  the  same  in  some  substantial  manner.  He  shall,  when  ordered 
by  the  mayor,  examine  all  public  works  and  contracts  in  course  of 
erection  or  completion,  and  shall  preserve  in  a  manner  convenient 
for  reference  all  the  plats,  surveys,  maps,  papers  and  books  pertaining 
to  his  office.  He  shall,  when  required  by  the  council,  make  all  sur- 


146 


CITY  ORDESaXCEB. 


veys,  together  with  all  estimates,  plans,  specifications  and  drawings 
of  ail  public  works  or  buildings,  or  the  grading  of  streets,  and  all 
necessary  surveys  of  streets,  avenues,  alleys  and  public  squares,  and 
all  other  surveys  required  by  the  city. 

510.  He  shall  have  charge  of  all  instruments,  books,  maps,  plats, 
etc.,  belonging  to  the  city  and  pertaining  to  his  office,  and  at  the  close 
of  his  term  of  office,  shall  deliver  them  to  the  mayor  with  the  addi¬ 
tion  of  maps,  plats,  field-notes,  bench-marks,  etc.,  made  b}T  him  during 
his  continuance  in  office. 

511.  He  shall  make  an  annual  report  in  writing  to  the  council 
at  their  first  regular  meeting  in  the  month  of  April,  showing  a  gen¬ 
eral  abstract  of  all  the  operations  in  his  department  during  the  pre¬ 
vious  year,  the  work  executed,  and  which  remains  to  be  executed,  and 
such  other  information  as  he  shall  deem  of  interest  to  the  city,  or  the 
city  council  may  require,  and  shall  make  reports  to  the  clerk  when 
required  by  that  officer  to  do  so. 

512.  He  shall  receive  such  compensation  for  lfis  services  as  the 
city  council  shall  deem  proper  to  allow. 


CHAPTER  IX. 

The  Fire  Department. 

I.  The  Fire  Marshal. 

II.  The  Assistant  Fire  Marshals. 

III.  Special  Provisions. 

Article  I. 

THE  EIRE  MARSHAL. 

• 

513.  There  is  hereby  established  an  executive  department  of  the 
municipal  government  of  the  city  of  Monmouth  which  shall  be  known 
as  the  fire  department,  and  shall  embrace  one  fire  marshal,  one  first 
and  one  second  assistant  fire  marshal,  and  such  number  of  captains, 
lieutenants,  engineers,  pipemen,  drivers,  truckmen,  assistants,  and 
employes,  and  such  companies  of  hook  and  ladder  men,  hose  men  and 
engine  men  as  the  city  council  may  see  fit  to  prescribe  and  establish. 

514.  There  is  hereby  created  the  office  of  fire  marshal,  who  shall 
be  the  head  of  the  fire  department,  and  shall  hold  his  office  for  the 
term  of  one  year,  and  until  his  successor  shall  be  appointed  and 
qualified. 

515.  He  shall  be  appointed  by  the  mayor,  by  and  with  the 
advice  and  consent  of  the  city  council,  on  the  first  Monday  in  May, 
1883,  or  as  soon  thereafter  as  may  be,  and  annually  thereafter. 

516.  Said  fire  marshal  before  entering  upon  the  duties  of  his 


CITY  ORDINANCES.  147 

office,  shall  execute  a  bond  to  the  city  of  Monmouth,  in  the  sum  of 
five  hundred  dollars,  with  such  sureties  as  the  city  council  shall 
approve,  conditioned  for  the  faithful  performance  of  the  duties  of  his 
office. 

517.  The  fire  marshal  shall  in  all  cases  of  fire  have  sole  and 
absolute  control  over  all  the  members  of  the  fire  department.  He 
shall  also  at  ail  times  have  the  general  direction  and  management  of 
all  fire  engines,  hose,  hook  and  ladders  and  other  apparatus  belonging 
to  the  fire  department,  and  shall  be  responsible  for  the  safety  and 
good  condition  of  the  same.  He  shall  once  in  each  year,  at  the  first 
regular  meeting  in  April,  report  to  the  city  council  the  condition  of 
the  fire  department,  and  the  engines  and  other  apparatus  belonging 
thereto,  and  shall  recommend  such  alterations,  improvements  and 
additions  thereto  as  by  him  may  be  deemed  necessary  and  expedient. 

518.  The  fire  marshal,  or  any  assistant  fire  marshal  in  command, 
may  prescribe  limits  in  the  vicinity  of  any  fire,  within  which  no  per¬ 
sons  excepting  those  who  reside  therein,  firemen  and  policemen,  and 
those  admitted  b}T  order  of  any  officer  of  the  fire  department,  shall  be 
permitted  to  come. 

519.  The  fire  marshal  shall  have  power  to  arrest  all  parties  by 
him  suspected  of  incendiary  intent,  and  to  take  them  before  an}r  mag¬ 
istrate  for  criminal  prosecution. 

520.  He  shall  inquire  into  and  investigate  the  cause  of  all  fires 
which  may  occur  in  the  city,  as  soon  as  may  be  after  they  occur,  and 
cause  to  be  kept  a  record  of  his  proceedings,  and  file  the  same,  or  a 
copy  thereof,  in  his  office. 

521.  He  shall  prepare  and  submit  to  the  city  clerk  on  or  before 
the  first  day  of  May  in  every  year,  an  estimate  of  the  whole  cost  and 
expenses  of  providing  for  and  maintaining  the  fire  department  of 
said  city  during  the  current  fiscal  year,  which  estimate  shall  be  in 
detail,  and  shall  be  laid  by  said  clerk  before  the  city  council,  with  his 
annual  estimate. 

Article  II. 

§ 

THE  ASSISTANT  FIRE  MARSHALS. 

522.  It  shall  b?  the  duty  of  the  said  assistants,  if  in  their  power, 
to  attend  all  the  fires  happening  in  the  city,  and  in  case  of  the 
absence  of  the  fire  marshal  at  any  fire,  it  shall  be  the  duty  of  the 
first  assistant  to  take  charge  of  the  organization,  and  he  shall 
have  and  exercise  all  the  powers  pf  the  fire  marshal;  and  in  case  of 
the  absence  of  both  the  fire  marshal  and  first  assistant,  the  assistant 
marshals  shall  have  and  exercise  the  duties  and  powers  of  fire  marshal 
in  the  order  of  their  arrival  at  the  fire.  In  case  of  vacancy  in  the 
office  of  fire  marshal,  the  first  assistant  shall  discharge  the  duties  of 
fire  marshal  until  the  vacancy  shall  be  filled. 


148 


CITY  ORDINANCES. 


Article  III. 

SPECIAL  PROVISIONS. 

523.  The  firemen  shall  be  divided  into  companies  of  engine  men, 
hose  men,  and  hook  and  ladder  men,  as  the  city  council  may,  on  the 
suggestion  of  the  fire  marshal,  from  time  to  time  direct;  all 
members  of  either  of  said  companies  shall  be  able-bodied  men.  over 
the  age  of  twenty-one  years,  and  no  person  shall  be  recognized  as  a 
member  of  either  of  said  companies  who  shall  not  have  been  duly 
elected  as  such  by  a  majority  ot  the  acting  members  of  the  company. 
The  number  of  men  in  any  engine  company  shall  not  at  anytime 
exceed  forty,  nor  be  less  than  twenty,  except  when  such  company  is 
provided  with  a  team  or  teams  to  draw  the  engine,  in  which  case  the 
city  council  may  provide  that  the  number  shall  be  less.  The  number 
of  men  in  any  hook  and  ladder  company  shall  not  exceed  thirty,  nor 
be  less  than  twenty. 

524.  Each  of  said  companies  may  adopt  such  constitutions,  by¬ 
laws  and  rules  for  its  regulation  and  government  subordinate  to  the 
ordinances  of  said  city,  as  it  may  deem  best  calculated  to  accomplish 
the  object  of  its  organization. 

525.  Whenever  any  member  of  any  fire  company  in  this  city 
shall  be  justly  indebted  to  said  company,  pursuant  to  the  constitution 
and  by-laws  of  said  company  and  the  same  has  been  submitted  to  and 
approved  by  the  city  council,  it  shall  be  lawful  and  competent  for 
said  company  to  sue  such  members  and  recover  the  amount  so  due. 
in  an  action  of  debt  in  the  name  of  the  city  for  the  use  of  said 
company. 

526.  The  different  fire  companies  under  the  directions  of  their 
proper  officers,  shall  upon  every  alarm  of  fire,  repair  to  the  place  of 
the  fire  with  the  fire  engine  and  other  fire  apparatus  under  their  care, 
and  there  work  and  manage  the  same  under  the  direction  of  the  fire 
marshal  and  his  assistants,  and  in  case  of  the  absence  of  the  fire  mar¬ 
shal  and  his  assistants,  they  shall  place  and  work  their  apparatus  in 
the  most  effective  manner,  until  the  fire  be  extinguished.  If  any 
company  shall,  without  permission  of  the  fire  marshal  in  command, 
or  such  other  person  as  may  be  in  command,  leave  any  fire  with  its 
engine  or  other  fire  apparatus,  the  officer  directing  the  command  of 
such  company  while  so  leaving  shall,  upon  conviction,  forfeit  and  pay 
the  sum  of  twenty-five  dollars  for  each  and  every  offense. 

527.  Each  fireman  shall,  when  on  duty,  wear  such  badge  or 

uniform,  to  be  provided  by  the  city,  as  may  be  required  by  the  rules  of 
the  respective  companies.  • 

528.  All  members  of  the  fire  department  are  hereby  exempted 
from  laboring  on  the  streets,  roads  and  other  public  highways  of  said 
city,  and  are  also  exempted  from  sitting  as  jurors  in  police  prosecu¬ 
tions  before  the  police  magistrate  of  said  city. 


CITY  ORDINANCES. 


149 


529.  No  person  shall  in  any  manner  obstruct  the  use  of  any  fire 
hydrant  or  cistern,  or  have  or  place  any  material  in  front  thereof  or 
within  twenty  feet  from  either  side  thereof,  under  the  penalty  of  ten 
dollars  for  each  offense;  and  any  and  all  material  found  as  an  ob¬ 
struction  as  aforesaid  may  be  forthwith  removed  by  any  member  or 
members  of  the  fire  department,  and  at  the  risk,  cost  and  expense  of 
the  owner  or  claimant. 

530.  Any  person  not  a  member  of  the  fire  department,  who  shall 
personate  a  fireman  or  officer  of  the  fire  department  at  a  fire,  or  going 
to  or  returning  from  a  fire,  by  wearing  a  cap  or  badge  or  in  any  other 
way,  shall  be  subject  to  the  penalty  of  ten  dollars  for  each  offense. 

531.  Every  person  who  shall  be  present  at  afire  shall  be  subject 
and  obedient  to  the  orders  of  the  fire  marshal  and  the  assistant  fire 
marshals,  in  extinguishing  the  fire  and  the  removal  and  protection  of 
property;  and  in  case  any  person  shall  refuse  to  obey  such  orders,  he 
shall  forfeit  and  pay  for  every  offense  the  sum  of  five  dollars:  Provided , 
that  no  person  not  a  member  of  the  fire  department  shall  be  bound 
to  obey  any  of  said  officers,  unless  such  officers  shall  bear  their 
respectiye  badges  of  office,  or  their  official  character  shall  be  known 
or  made  known  to  him;  and  all  such  officers  shall  have  power  to 
arrest  any  person  or  persons  so  refusing  to  obey  such  lawful  orders  as 
aforesaid,  and  hold  them  in  custody  until  after  the  fire  is  extinguished, 
when  he  or  they  shall  be  taken  before  a  magistrate  to  be  dealt  with 
according  to  law. 

532.  It  shall  be  lawful  for  the  fire  marshal  and  the  assistant  fire 
marshals  to  require  the  aid  of  any  drayman  with  his  horse  and  dray, 
driver  of  a  licensed  wagon  with  his  team  and  wagon,  or  any  citizen, 
inhabitant  or  bystander,  in  drawing  or  conveying  any  engine  or  other 
fire  apparatus  to  the  fire  and  in  working  and  using  the  same  while  at 
a  fire;  and  on  the  refusal  or  neglect  of  any  person  to  comply  with 
such  requisition,  the  offender  shall  for  every  default  forfeit  and  pay  a 
penalty  of  not  less  than  five  dollars  nor  more  than  twenty  dollars. 

533.  Any  person  who  shall  willfully  offer  any  hinderance  to  any 
officer  or  fireman  in  the  performance  of  his  duty  at  a  fire,  or  shall 
willfully  in  any  manner  injure,  deface  or  interfere  with  any  engine  or 
fire  apparatus  belonging  to  the  city  of  Monmouth,  shall  for  every  such 
offense  forfeit  and  pay  a  penal t}T  of  not  less  than  twenty-five  dollars. 

534.  No  wagon,  street  railroad  car,  or  other  vehicle,  shall  be 
driven  over  any  unprotected  hose  of  the  fire  department  of  the  city  of 
Monmouth,  wdien  laid  down  on  any  street  or  alley  to  be  used  at  any 
fire  or  alarm  of  fire  without  the  consent* of  the  fire  marshal  or  the 
assistant  in  command,  and  any  person  violating  this  section  shall  be 
subject  to  the  penalty  of  not  less  than  five  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense. 

535.  If  any  person  having  charge  of  an  engine  or  other  fire 


150 


CITY  ORDINANCES 


apparatus  shall  suffer  the  same  to  be  applied  to  private  uses  without 
the  consent  of  the  fire  marshal,  or  in  his  absence  of  the  proper  assist¬ 
ant  fire  marshal,  he  shall  pay  a  penalty  of  not  less  than  five  dollars 
nor  more  than  fifty  dollars  for  each  and  evefy  such  offense,  and  shall 
be  personally  liable  for  all  injuries  thereby  accruing  to  such  engine  or 
other  fire  apparatus. 

536.  The  acting  fire  marshal,  or  in  his  absence  the  mayor,  shall 
have  power,  in  his  discretion,  to  permit  any  lire  company  to  go 
with  their  respective  engines  and  other  lire  apparatus,  beyond 
the  limits  of  said  city,  to  be  absent  such  length  of  time  as 
he  may  direct  not  to  exceed  twelve  hours.  Any  officer  in  com¬ 
mand  of  .any  company  who  shall  suffer  or  permit  the  engine 
or  other  fire  apparatus  in  charge  of  said  company  to  be  taken 
beyond  the  limits  of  said  city  without  such  permission,  shall,  upon 
conviction,  forfeit  and  pay  not  less  than  five  nor  more  than  one  hun¬ 
dred  dollars  for  each  and  every  such  offense,  and  shall  also  be  liable 
for  all  injuries  that  may  happen  to  such  engine  or  other  fire  apparatus 
during  such  absence. 

53T.  If  any  foreman  of  any  fire  company  or  any  fireman  shall 
refuse  to  obey  the  fire  marshal  or  his  assistant,  or  the  person  having 
control  at  any  fire,  he  shall  forfeit  and  pay  not  less  than  one  dollar 
nor  more  than  twenty-five  dollars  for  each  and  every  offense. 

538.  The  fire  marshal  in  command,  or  in  the  absence  of  the  fire 
marshal  and  his  assistants,  the  mayor  or  any  alderman  may  direct  the 
hook  and  ladder  men  to  cut  down  and  remove  any  building,  erection 
or  fence  for  the  purpose  of  checking  the  progress  of  the  fire,  and  to 
the  same  end  the  fire  marshal  in  command  at  any  fire,  may  with  the 
advice  of  a  member  of  the  city  council,  blow  up  or  cause  to  be  blown 
up  with  powder  or  otherwise,  any  building  or  erection  for  the  same 
purpose. 

539.  It  shall  be  unlawful  for  any  person  except  an  engineer  of 

the  fire  department,  or  one  of  the  fire  marshals,  or  some  person 
authorized  by  them,  to  start  the  fires  in  any  engine  belonging  to  the 
department,  or  to  start  in  operation  any  extinguisher  belonging  to 
said  department;  and  whenever  any  such  fire  engine  or  extinguisher 
shall  be  in  operation,  the  apparatus  shall  be  under  the  control  of'  an 
engineer  of  the  fire  department  or  the  fire  marshal  in  command,  or 
some  person  authorized  by  them  or  either  of  them;  and  it  shall  be 
unlawful  for  any  other  person  to  interfere  with  said  apparatus  in  any 
manner.  » 

540.  Any  person  who  shall  violate  any  of  the  provisions  of  this 
chapter,  for  which  no  other  penalty  is  provided,  shall  forfeit  the  sum 
of  not  less  than  five  nor  more  than  twenty-five  dollars  for  each  and 
every  offense. 


CITY  ORDINANCES.  151 

CHAPTER  X. 

Inspector  of  Weights  and  Measures. 

1.  The  Inspector. 

II.  Special  Provisions. 

Article  I. 

THE  INSPECTOR. 

511.  There  is  hereby  created  the  office  of  inspector  of  weights 
and  measures,  who  shall  hold  his  office  for  the  term  of  one  year,  and 
until  his  successor  shall  be  appointed  and  qualified. 

512.  He  shall  be  appointed  by  the  mayor,  by  and  with  the 

advice  and  consent  of  the  city  council,  on  the  first  Monday  in  May, 
1883,  or  as  soon  thereafter  as  may  be,  and  annually  thereafter. 

513.  Said  inspector  shall,  before  entering  upon  the  duties  of  his 
office,  execute  a  bond  to  the  city  of  Monmouth,  in  the  sum  of  one 
thousand  dollars,  with  sureties  to  be  approved  by  the  mayor,  condi¬ 
tioned  for  the  faithful  performance  of  the  duties  of  his  office. 

511.  It  shall  be  the  duty  ot  said  inspector  to  inspect  and  examine 
at  least  once  in  each  and  every  year,  all  weights,  measures,  scale- 
beams.  patent  balances,  steelyards,  and  other  instruments  used  for 
weighing  and  measuring  in  the  city  of  Monmouth,  and  to  stamp  with 
a  suitable  seal  all  weights  and  measures  and  scales  so  used,  which  he 
may  find  correct,  and  deliver  to  the  owner  thereof  a  certificate  of  their 
accuracy. 

515.  It  shall  also  be  the  duty  of  the  inspector,  on  the  written 
complaint  of  any  person,  that  any  instrument  used  in  weighing  in 
the  city  is  not  conformable  to  the  standard  of  the  state,  to  forthwith 
inspect  the  same;  but  he  shall  not  charge  any  fees  for  said  inspection 
unless  the  said  instrument  be  found  to  be  not  conformable  to  the  said 
standard. 

516.  It  shall  be  the  duty  of  the  said  inspector  to  make  a  register 
of  all  the  weights,  measures,  scale-  beams,  patent  balances,  steelyards, 
and  other  instruments  used  for  weighing,  inspected  and  sealed  by 
him,  in  which  he  shall  state  the  names  of  the  owners  of  the  same,  and 
whether  they  are  conformable  to  the  standard  of  the  state. 

517.  It  shall  also  be  the  duty  of  the  said  inspector  of  weights 
and  measures,  once  in  each  year,  to  deliver  a  copy  of  the  register  made 
or  kept  by  him,  as  mentioned  in  the  preceding  section,  to  the  city 
council. 

518.  It  shall  be  the  duty  of  the  said  inspector  of  weights  and 
measures,  to  report  forthwith  to  the  city  attorney  the  names  and  places 
of  business  of  all  persons  making  use  of  any  fraudulent  or  unsealed 


152 


CITY  ORDINANCES. 


weights,  measures,  scales,  balances,  gauge,  or  any  instrument  used  for 
the  purposes  above  described. 

Article  II. 

SPECIAL  PROVISIONS. 

549.  It  shall  not  be  lawful  for  the  said  inspector  to  vend  any 
weights,  measures,  scale-beams,  patent  balances,  steelyards,  or  other 
instruments  to  be  used  for  weighing,  or  to  offer  or  expose  the  same 
for  sale  in  the  city  of  Monmouth  under  the  penalty  of  fifty  dollars 
for  every  such  offense. 

550.  Said  inspector  shall  examine  and  inspect  all  weights,  meas¬ 
ures,  scale-beams,  patent  balances,  steelyards,  and  other  instruments 
used  for  weighing  at  the  stores  and  places  where  the  same  may  be  in 
use,  and  in  case  they  be  found  conformable  to  the  standard  of  this 
state,  he  shall  seal  the  same  and  deliver  to  the  owner  thereof  a 
certificate  of  their  accuracy;  but  in  case  any  of  them  be  found  not 
conformable  to  the  standard  of  this  state,  they  shall  be  sent  by  the 
owner  thereof,  at  his  expense,  to  the  said  inspector  for  the  purpose  of 
b3ing  adjusted  and  sealed  within  three  days  after  the  owner  thereof 
shall  be  required  so  to  do  in  writing  by  the  said  inspector  under  penalty 
of  ten  dollars  for  such  neglect. 

551.  It  shall  not  be  lawful  for  the  said  inspector  to  make  any 
charges  for  inspecting  and  examining  weights,  measures,  or  other  in¬ 
struments  used  for  weighing  more  than  once  in  each  year,  unless  they 
shall  be  found  to  be  not  conformable  to  the  said  standard. 

552.  The  inspector  of  weights  and  measures  shall  be  entitled  to 
demand  and  receive  before  the  deliver  of  the  certificate  mentioned 
the  following  fees: 

For  inspecting  and  sealing  railroad  or  track  scales  of  the  capacity 
of  twenty  tons  and  upward,  each,  three  dollars. 

For  inspecting  and  sealing  scales  of  from  three  to  ten  tons  ca¬ 
pacity,  each,  two  dollars. 

For  inspecting  and  sealing  dormant  scales,  each  twenty-five  cents. 

For  inspecting  and  sealing  movable  platform  scales,  each,  twenty- 
five  cents. 

For  inspecting  and  sealing  beams  weighing  one  thousand  pounds 
and  upward,  each,  twenty-five  cents. 

For  inspecting  and  sealing  hopper  scales,  each,  one  dollar. 

For  inspecting  and  sealing  counter  scales,  each,  twenty-five  cents. 

For  inspecting  and  sealing  every  patent  balance,  steelyard,  or 
other  instruments  for  weighing,  other  than  above  enumerated,  each, 
fifteen  cents. 


CITY  ORDLNA.NCES.  153 

And  with  each  scale  sealed  by  him  he  shall  inspect  and  seal  one 
set  of  weights  without  any  additional  charge. 

For  inspecting  and  sealing  any  dry  or  liquid  measure,  each,  ten 
cents. 

553.  All  persons  using  any  weights,  measures,  scale-beams,  patent 
balances,  steelyards, .or  any  other  instrument  in  weighing  or  meas¬ 
uring  any  article  or  commodit}^  intended  to  be  purchased  or  sold  in 
the  city  of  Monmouth,  shall  cause  the  same  to  be  inspected  and  sealed 
by  the  inspector  of  weights  and  measures  in  said  city,  and  all  itiner¬ 
ant  peddlers  and  hawkers  using  scales,  balances,  weights,  or  measures, 
or  any  other  instruments  in  weighing  or  measuring,  shall  take  the 
same  to  the  inspector  of  weights  and  measures  before  using  the  same, 
and  have  the  same  sealed  and  adjusted  once  in  each  year;  and  any  such 
itinerant  peddler  or  hawker  failing  to  comply  with  the  provisions  of 
this  section  shall  each  forfeit  and  pay  to  the  said  cHy  a  sum  of  not 
less’ than  five  nor  more  than  ten  dollars,  with  the  costs  of  prosecu¬ 
tion,  for  each  and  every  day  such  person  or  persons  shall  use  any 
weights,  measures,  or  any  instrument  in  weighing  or  measuring  with¬ 
out  having  the  same  inspected  and  sealed  as  hereinbefore  provided, 
after  having  been  notified  so  to  do  by  the  inspector. 

554.  Any  person,  who  shall  sell,  or  offer  for  sale,  any  fruit,  veg¬ 
etables,  berries,  or  grain  of  any  description,  or  any  article  of  dry  meas¬ 
urement  within  the  city  of  Monmouth,  in  wine  measures,  or  in  any 
other  than  legal  dry  measures,  which  shall  have  been  rated  by  the 
inspector  of  weights  and  measures,  whether  of  pint,  quart,  or  any 
other  contents;  or  who  shall  practice  deceit  or  fraud  in  the  sale  of 
wood  or  coal,  by  selling  for  a  cord  of  wood  less  than  128  cubic  feet  of 
wood,  or  for  a  ton  of  coal  less  than  2,000  pounds  of  coal,  shall  be 
subject  to  a  fine  of  not  less  than  five  nor  more  than  twenty-five  dollars. 


555.  Any  person  who  shall,  in  weighing  or  measuring  any  arti¬ 
cle  for  purchase  or  sale  within  the  city  of  Monmouth,  use  any  weight, 
measure,  scale-beam,  patent  balance,  steelyard,  or  other  instrument 
not  sealed,  or  without  having  first  obtained  the  aforesaid  certificate 
from  the  inspector,  as  required  by  this  ordinance,  shall  be  subject  to 
a  fine  of  twenty-five  dollars  for  each  and  every  offense. 


556.  No  person  shall  refuse  to  exhibit  any  weights,  measures, 
scale-beams,  patent  balances,  steelyards,  or  other  instruments  used  in 
weighing  and  measuring  to  said  inspector  for  the  purpose  of  being  so 
inspected  and  examined,  nor  shall  in  any  wTay  or  manner  hinder  or 
obstruct  or  molest  said  inspector  in  the  performance  of  the  duties  as 
hereby  imposed  upon  him;  and  any  person  violating  any  of  the  pro¬ 
visions  of  this  section  shall  be  subject  to  a  fine  of  twenty-five  dollars 
for  each  and  every  offense. 


557.  The  city  clerk,  at  the  expense  of  the  city,  shall  procure 
correct  and  approved  standards  of  weights  and  measures  of  the  stand¬ 
ard  adopted  by  the  state  of  Illinois,  with  their  necessary  subdivisons, 


154 


CITY  ORDINANCES. 


together  with  the  proper  beams  and  scales,  for  the  purpose  ot  testing 
and  proving  the  weights  and  measures  of  said  standard  used  in  the  city. 


CHAPTER  XI. 

The  Weighmaster. 

I.  The  Weighmaster— his  duties. 

II.  Special  provisions. 

Article  I. 

THE  WEIGHMASTER. 

558.  There  is  hereby  established  the  office  of  weighmaster  ot  the 
city,  who  shall  be  appointed  by  the  mayor  by  and  with  the  advice  and 
consent  of  the  city  council,  on  the  first  Monday  in  May,  1883,  or  as 
soon  thereafter  as  may  be,  and  annually  thereafter. 

559.  Before  entering  upon  the  duties  of  his  office  he  shall  exe¬ 
cute  a  bond  to  the  city  of  Monmouth  in  the  penal  sum  of  five  hun¬ 
dred  dollars,  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office. 

560.  It  shall  be  the  duty  of  the  weighmaster  to  attend  the  city 
scales  at  all  reasonable  times,  to  weigh  or  measure  any  load  for  any 
person  who  may  desire;  and  he  shall  keep  an  account  of  the  weight 
or  measurement  of  such  load,  the  date  of  the  same,  and  the  name  of 
the  person  for  whom  weighed  or  measured,  and  shall  furnish  to  him 
a  certificate  for  each  load,  which  certificate  shall  contain  the  gross  and 
net  weight  or  measurement  of  such  load,  date  and  name  of  person; 
and  he  shall  compute  the  net  weight  or  measurement  into  the  other 
denominations  according  to  the  standard  of  weights  and  measures  of 
the  state  of  Illinois,  and  a  table  of  standard  weights  and  measures 
shall  be  posted  at  some  conspicuous  place  in  his  office. 

561.  He  shall  give  no  certificate  for  any  load  weighed  b}r  him 
without  having  weighed  the  empty  wagon  or  vehicle  within  twelve 
hours  before  or  twelve  hours  after  such  load  was  weighed,  unless  he 
has  the  consent  of  the  buyer  of  the  load.  It  shall  be  the  rule  that 
the  driver  of  all  teams  be  off  the  wagon  when  weighed,  and  it  shall 
be  the  duty  of  the  citv  weigher  to  mark  on  the  certificate  any  devia- 
tion  from  this  rule. 

562.  It  shall  be  the  duty  of  the  weighmaster  to  report  monthly 
to  the  city  council  an  aggregate  of  the  amount  of  the  receipts  of  the 
city  scales;  and  shall  exhibit  to  said  board  the  receipt  of  the  city 
treasurer  for  whatever  sum  may  be  due  the  city. 


CITY  ORDINANCES. 


155 


Article  II. 

SPECIAL  PROVISIONS. 

563.  Hereafter  it  shall  not  be  lawful  within  the  corporate  limits 
of  said  city  for  any  person*  or  persons  to  buy,  sell,  or  dispose  of  any 
load  or  loads  of  hay  or  stone  coal  or  lime  in  bulk,  without  having  the 
same  weighed  upon  the  public  scales  and  obtaining  from  the  weigh- 
master  of  such  scales  a  certificate  of  the  weight  thereof;  and  it  shall 
not  be  lawful  within  the  corporate  limits  of  said  city  for  any  person 
or  persons  to  buy,  sell,  or  dispose  of  any  load  or  loads  of  cord  wood,  by 
the  load,  without  first  having  the  same  measured  by  the  weighmaster 
of  said  city,  and  obtaining  from  such  weighmaster  a  certificate  of  the 
amount  contained  therein,  unless  otherwise  agreed  upon  by  the  bu}rer 
and  seller. 

561.  The  charge  for  weighing  each  and  every  load,  or  other 
article  or  thing,  or  measuring  each  load  of  wood,  shall  be  ten  cents,  to 
be  paid  by  the  seller. 

565.  It  shall  be  unlawful  for  any  person,  after  having  a  load,  or 
part  of  a  load  weighed  or  measured,  to  remove  any  portion  of  such 
load  before  delivery  with  intent  to  defraud  the  purchaser. 

566.  The  weighmaster  shall  be  entitled  to  such  compensation  as 
the  city  council  may  see  fit  to  allow. 

567.  The  city  council  may  from  time  to  time  provide  by  order, 
resolution,  or  by  ordinance,  that  individual  owners  of  scales  or  pro¬ 
prietors  of  wood-yards,  or  their  agents,  shall  have  the  privilege  of 
weighing  loads  of  coal  and  hay,  or  such  other  commodities,  or  meas¬ 
uring  wood,  as  the  council  may  see  fit,  at  their  individual  scales,  under 
the  provisions  of  this  article. 

568.  Any  person  violating  any  of  the  provisions  of  this  article 
shall  be  liable  to  a  fine  of  not  less  than  two  nor  more  than  fifty  dollars. 

569.  It  shall  be  the  duty  of  the  weighmaster  and  city  marshal 
and  policemen  to  see  that  the  requirements  of  this  article  are  com¬ 
plied  with. 


CHAPTER  XII. 

The  City  Sexton. 

I.  Sexton— his  duties. 

Article  I. 

CITY  SEXTON. 

570.  There  is  hereby  established  the  office  of  city  sexton,  who 
shall  hold  office  for  one  jrear,  and  until  his  successor  is  duly  appointed 
and  qualified. 


156. 


CITY  ORDINANCES. 


571.  The  sexton  shall  be  appointed  by  the  mayor,  b}r  and  with 
the  advice  and  consent  ol  the  city  council,  at  the  first  regular  meet¬ 
ing  in  May,  1883,  or  as  soon  thereafter  as  may  be,  and  annually 
thereafter. 

0 

572  He  shall,  before  entering  upon  the  duties  of  his  office,  exe¬ 
cute  a  bond  in  the  penal  sum  of  one  thousand  dollars  with  surety  to 
be  approved  by  the  council,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office. 

573.  It  shall  be  the  duty  of  the  city  sexton  to  have  entire  charge 
under  the  direction  of  the  city  council,  of  the  cemetery  grounds,  and 
the  charge  and  superintendence  of  the  interments  to  be  made  in  said 
grounds. 

574.  It  shall  also  be  his  duty  to  keep  a  complete  register  of  all 
the  burials  in  said  cemetery,  with  the  date  of  burial,  and  names  and 
ages  of  the  dead,  which  book  of  record  shall  at  all  proper  times  be 
open  to  the  inspection  of  those  interested. 

% 

575.  He  shall  attend  at  all  reasonable  hours  at  the  public  cem¬ 
etery  of  the  city  to  do  and  perform  any  of  the  duties  that  may  be 
required  of  him  under  the  provisions  of  the  article  in  relation  to 

cemeteries,  and  the  article  in  relation  to  burial  permits. 

• 

576.  He  shall,  annually,  on  or  before  the  first  Tuesday  in  April, 
prepare  and  present  to  the  city  clerk  a  full  and  correct  account  of  all 
his  doings  during  the  previous  year,  and  shall  make  such  other  reports 
to  the  clerk  or  the  council  as  may  be  required  of  him.' 

577.  He  shall  receive  such  compensation  for  his  services  as  the 
city  council  may  provide  by  ordinance  or  resolution. 


•  CHAPTER  XIII. 

M  i  serf /a  neons  Ordi  na  ne.es. 

Article  I. 

AMUSEMENTS. 

578.  For  the  purposes  of  providing  for  the  licensing  and  taxing 
of  theatricals,  shows,  amusements  and  all  public  exhibitions  for  gain, 
in  a  just  and  equitable  manner,  the  same  are  hereby  divided  into  three 
classes,  which  shall  be  known  as  the  first,  second  and  third,  as  follows: 

First — All  entertainments  of  a  dramatic  or  operatic  character, 
including  public  readings  and  recitations,  lectures,  and  exhibitions  of 
paintings  or  statuar}r,  shall  belong  to  and  be  known  as  entertain¬ 
ments  of  the  first  class. 

Second — Concerts  or  orther  musical  entertainments,  panoramas, 


CITY  ORDINANCES. 


157 


performances  ol  any  feats  of  jugglery,  sleight-of-hand  or  necromancy, 
and  exhibitions  of  any  natural  or  artificial  curiosities,  shall  belong  to 
and  be  known  as  entertainments  of  the  second  class. 

Third — Circuses,  menageries,  caravans,  side-shows,  and  concert, 
minstrel  or  musical  entertainments  given  under  a  covering  of  canvas, 
exhibitions  of  monsters  or  freaks  of  nature,  variety  and  minstrel 
shows,  and  all  other  exhibitions,  performances  and  entertainments 
not  herein  enumerated,  shall  belong  to  and  be  known  as  entertain¬ 
ments  of  the  third  class. 

579.  No  person  or  persons,  within  the  limits  of  the  city,  shall 
give  any  of  the  entertainments  mentioned  in  this  article,  for  gain, 
without  a  license  for  that  purpose  first  had  and  obtained  from  the 
mayor,  under  the  seal  of  the  city,  under  a  penalty  of  not  less  than 
fifty  dollars  and  not  exceeding  two  hundred  dollars,  for  each  arid  every 
violation  of  this  section:  Provided ,  that  for  musical  parties  or  con¬ 
certs,  and  exhibitions  of  paintings  or  statuarjq  given  by  citizens  of 
this  city,  not  engaged  in  the  giving  of  such  entertainments,  as  a  busi¬ 
ness,  or  for  any  permanent  literary  or  benevolent  society  or  church  of 
said  city,  or  for  any  public  lecturers  employed  by  the  same,  no  license 
shall  be  required. 

580.  Each  license  shall  express  for  what  it  is  granted,  and  the 
time  it  is  to  continue,  and  the  following  tax,  or  license  fee,  shall  be 
imposed  upon  each  license,  granted  as  aforesaid: 

First — For  entertainments  of  the  first  class  three  dollars  for  every 
performance  or  exhibition :  for  one  week  fifteen  dollars. 

Second — For  entertainments  of  the  second  class  three  dollars  for 
every  performance  or  exhibition;  for  one  week  fifteen  dollars. 

Third — For  entertainments  of  the  third  class,  the  following 
sums:  For  each  circus  or  circus  and  menagerie  forty  dollars  for  each 
day;  for  each  managerie  forty  dollars  for  each  day;  for  each  side¬ 
show  with  any  circus  or  menagerie,  five  dollars  for  each  day  of  exhi¬ 
bition;  for  each  concert,  musical  or  minstrel  entertainment,  given 
under  a  covering  of  canvas,  five  dollars  for  each  day. 

Fourth — For  each  variety  or  minstrel  show,  or  other  entertain¬ 
ment  of  the  third  class,  five  dollars  for  each  day. 

581.  *The  mayor,  or  the  clerk,  with  his  consent,  shall  determine 
in  every  case,  where  application  for  a  license  under  this  article  is 
made,  the  class  to  which  the  entertainment  belongs,  and  the  person 
or  persons  to  whom  the  license  may  be  granted  shall  pay  the  license 
tax  or  fee  herein  fixed  for  such  license. 

582.  The  word  “entertainments1’  used  herein,  shall  be  taken  to 
mean  and  include  theatricals  and  other  exhibitions,  shows  and  amuse¬ 
ments,  wherein  and  whereby  any  person  or  persons  shall  act,  play,  or 


158 


CITY  ORDINANCES. 


perform  any  play,  opera,  or  other  dramatic  or  musical  composition,  or 
give  performances  of  any  kind,  or  give  any  show  or  public  exhibition 
for  gain. 

583.  Every  license  granted  under  the  provisions  hereof,  shall  at 
all  times  be  subject  to  the  ordinances  of  the  city  existing  when  the 
same  shall  be  issued,  or  which  shall  thereafter  be  passed,  so  far  as  the 
same  shall  apply. 

584.  All  licenses  for  entertainments,  where  a  license  is  required, 
shall  contain  a  proviso  that  no  gaming,  raffle,  lottery  or  chance  gift 
distribution  of  money  or  articles  of  value  shall  be  connected  there¬ 
with  or  allowed  by  the  person  obtaining  said  license,  or  in  anywise 
permitted  or  held  out  as  an  inducement  to  visitors;  and  when  any 
person  or  persons  shall  be  charged  by  a  credible  person  with  having 
violated  the  provisions  of  his  or  her  license,  as  aforesaid,  the  mayor  of 
the  city  is  directed  to  give  the  parties  accused  reasonable  notice  there¬ 
of,  and  inquire  into  the  truth  of  said  charge;  and  if  the  accusation  be 
sustained  to  his  satisfaction,  he  may  revoke  the  license  of  any  such 
person  or  persons,  and  every  such  person  or  persons  so  offending  shall 
be  subject  to  a  penalty  of  one  hundred  dollars. 

585.  It  shall  be  the  duty  of  every  proprietor  or  lessee  of  any 
theatre,  hall,  or  other  building  where  public  entertainments  are  given, 
before  he  permits  any  person  or  persons  to  use  the  same  for  the  pur¬ 
pose  of  giving  any  entertainment  therein  for  gain,  to  obtain  from  the 
mayor  the  license  herein  required,  either  in  his  own  name,  or  in  the 
name  of  the  person  proposing  to  give  such  entertainment,  under  a 
penalty  of  fifty  dollars  for  each  and  every  violation  of  this  section. 

586.  It  shall  not  be  lawful  for  any  person  or  persons  to  destroy, 

tear,  mutilate,  cover  over,  or  otherwise  deface  or  injure,  any  bill  or 

poster  (posted  in  such  places  as  may  be  permitted),  descriptive  of  any 

performance  or  entertainment  to  be  given  in  any  licensed  theatre  or 

hall,  or  in  pursuance  of  a  license  given  by  the  city,  and  any  person  or 

persons  violating  the  provisions  of  this  section,  shall  be  subject  to  a 

penalty  of  not  less  than  five  nor  more  than  twenty-five  dollars  for  each 

and  everv  violation  thereof. 

«/ 

587.  No  chairs,  stools,  or  seats  of  any  description  shall  be  placed 
or  permitted  to  remain  in  or  across  the  lobby,  aisles,  or  passage-ways, 
in  any  theatre,  hall,  or  other  public  building,  when  the  same  is  occu¬ 
pied  by  the  public,  under  a  penalty  of  one  hundred  dollars  for  each 
and  every  violation  of  this  section. 

588.  All  persons  owning,  leasing,  managing,  or  having  charge 
of  any  church,  theatre,  opera  house,  public  hall,  or  place  of  amuse¬ 
ment  in  the  city  of  Monmouth,  shall  be  required  to  have  all  doors 
leading  to  or  f$om  the  same  hung  so  as  to  open  out  therefrom. 


CITY  ORDINANCES. 


159 


589.  It  shall  be  the  duty  of  all  members  of  the  police  torce  to 
see  that  the  foregoing  provisions  are  strictly  observed,  and  in  case  of 
any  violation  thereof,  forthwith  to  proceed  to  clear  any  obstructed 
aisle,  passage-way,  or  lobby,  and  to  arrest  the  offender  or  offenders. 

590.  It  shall  be  the  duty  of  every  owner  or  lessee  of  every 
licensed  theatre,  hall,  or  other  building,  to  keep  and  preserve  good 
order  in  and  about  his  premises,  and  to  that  end  he  shall  hire,  and 
keep  at  his  own  expense,  a  sufficient  number  of  special  police  officers. 

591.  It  shall  not  be  lawful  for  any  person  or  persons  to  stand  in 
the  lobby  or  outer  entrance  to  any  theatre,  hall,  church,  or  other  pub¬ 
lic  building,  or  on  the  sidewalk  adjacent  to,  and  within  fifty  feet  of 
such  entrance,  after  a  request  to  move  on,  made  by  the  owner,  lessee, 
sexton,  or  any  police  officer,  under  a  penalty  of  five  dollars  for  each 
and  every  such  offense. 


Article  II. 

AUCTIONEERS. 

592.  No  person  shall  be  permitted  to  carry  on  the  business  of 
an  auctioneer  within  the  limits  of  the  city  without  first  having  ob¬ 
tained  a  license  therefor.  Any  person  desiring  an  auctioneer’s  license 
shall  pay  for  the  same  at  the  rate  of  twenty-five  dollars  for  one  year. 
No  auctioneer’s  license  shall  issue  for  less  than  three  months,  but  per¬ 
mits  ma}rbe  issued  for  a  shorter  period,  in  accordance  with  sections 
598-599  of  this  article. 

593.  No  license  issued  under  the  provisions  of  this  article  shall 
authorize  the  carrying  on  of  the  auction  business  in  this  city  at  more 
than  one  place  at  the  same  time.  Nothing  herein  contained  shall, 
however,  be  construed  as  preventing  or  prohibiting  a  regular  licensed 
auctioneer  from  selling  at  public  sale  household  goods,  furniture,  or 
other  like  property,  at  the  residence  of  the  owner  of  the  same,  or  real 
estate  where  the  same  is  situated.  Nor  shall  the  provisions  of  this 
article  apply  to  judicial  sales,  or  sales  made  under  any  order  of  court, 
or  by  virtue  of  any  mortgage  or  trust  deed,  or  sales  made  by  an  exec¬ 
utor  or  guardian,  or  other  person  discharging  the  duties  of  a  trust 
imposed  by  law. 

594.  All  licenses  to  auctioneers  shall  be  made  to  expire  on  or 
before  the  first  day  of  April  in  each  year,  and  shall  be  subject  to  revo¬ 
cation  b}^  the  mayor  whenever  it  shall  appear  to  his  satisfaction  that 
the  party  so  licensed  shall  have  violated  any  provisions  of  any  ordin¬ 
ance  of  the  city  relating  to  auctions  or  auction  licenses. 

595.  No  bellman  or  crier  shall  be  employed,  or  suffered  or  per¬ 
mitted  to  be  used,  nor  shall  any  gong  or- drum  be  used  in  connection 


160 


CITY  ORDINANCES. 


with  or  for  the  purpose  of  attracting  attention  to  any  place  of  sale, 
or  at  or  near  any  auction  room,  or  near  any  auction  whatsoever. 

596.  Any  person  violating  the  provisions  of  the  preceding  sec¬ 
tions  shall,  on  conviction  thereof,  pay  a  tine  of  five  dollars  for  each 
offense. 

597.  No  person  shall  hold  a  public  auction  in  the  streets  of  this 
city  without  a  special  written  permit  from  the  mayor.  Any  person 
violating  the  provisions  of  this  section  shall,  on  conviction  thereof, 
pay  a  fine  of  not  less  than  five  dollars  for  each  offense. 

598.  Any  person,  not  an  actual  and  bona  fide  resident  of  the  city 
of  Monmouth,  who  is  desirous  of  selling  troods,  wares  and  merchan¬ 
dise  at  auction,  of  which  he  is  the  owner,  or  over  which  he  has  the 
management  and  control,  shall,  before  undertaking  to  make  such  sales, 
obtain  a  written  permit,  signed  by  the  mayor  and  countersigned  by 
the  clerk,  for  which  he  shall  pay  the  sum  of  ten  dollars,  and  such  per¬ 
mit  shall  authorize  such  person  to  sell  such  goods  at  auction  for  the 
period  of  ten  days  from  the  date  of  such  permit.  Such  permits  may 
be  renewed  for  like  or  shorter  periods,  not  less,  however,  than  five 

davs  in  the  same  manner  and  at  the  same  rates. 

%■ 

599.  Any  person  may  act  as  auctioneer  in  the  sale  of  goods, 
wares,  etc.,  referred  to  in  the  preceding  section  who  has  obtained  a 
license,  or  if  he  has  not  obtained  such  license,  who  will  pay  to  the 
city  treasurer  at  the  rate  of  three  dollars  per  day  for  each  and  every 
day  he  offers  to  sell  such  goods  at  public  auction,  and  procure  from 
the  mayor  a  written  permit,  to  sell  for  the  number  of  days  for  which 
he  has  paid  at  the  rate  herein  mentioned.  No  person,  whether  the 
owner  or  otherwise,  shall  act  as  auctioneer  in  the  sale  of  said  goods, 
who  shall  not  first  have  obtained  a  license  or  permit  as  herein  required. 

600.  All  non-resident  owners,  transient  merchants,  or  others, 
who  may  bring  here  or  consign  to  others,  residing  or  engaged  in  busi¬ 
ness  here,  goods,  wares,  or  merchandise,  for  the  purpose  of  having  the 
same  sold  at  auction,  shall  for  the  purposes  of  this  article,  be  regarded 
as  non-residents,  and  be  required  to  obtain  a  license  or  permit  as 
herein  provided. 

601.  No  auctioneer,  coming  here  especially  to  sell  a  stock  of 
goods,  or  other  personal  property,  shall  be  permitted  to  sell  the  same 
at  auction,  unless  he  has  previously  taken  out  a  license  or  permit,  as 
required  by  this  article,  or  unless  lie  has  been  employed  actually 
and  in  good  faith,  by  a  resident  auctioneer,  to  aid  him  in  making 
such  sales.  Any  person  undertaking  to  sell  such  goods  or  property 
at  auction,  without  such  permit  or  license,  or  without  being  so  em¬ 
ployed,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  more  than 
twenty-five  dollars.  And  any  resident  auctioneer,  who  shall  attempt 
to  abuse  the  privilege  given  by  his  license,  or  be  instrumental  in 


CITY  URDUS  AISLES. 


161 


evading  the  provisions  of  this  article  by  knowingly  suffering  any 
one  to  sell  at  auction,  such  goods  or  property,  on  the  pretence  that 
the  one  so  selling  is  in  his  employment,  when  no  such  employment 
exists  in  fact,  or  is  merely  colorable,  shall,  on  conviction  thereof,  be 
fined  in  a  sum  not  exceeding  one  hundred  dollars,  and  the  council 
may,  in  addition  thereto,  if  it  sees  proper,  revoke  his  license. 


602.  This  section  shall  not  apply  to  any  goods  or  merchandise 
which  has  been  assessed  against  any  resident  citizen  in  an  annual 
assessment  for  city  purposes;  nor  to  the  sale  of  any  stock,  farm,  garden 
or  orchard  products  grown  in  this  state,  nor  to  articles  manufactured 
in  this  city;  nor  shall  it  in  any  wise  change  or  apply  to  the  license  of 
business  of  hawkers  and  peddlers;  nor  to  any  person  who  shall  engage 
m  the  business  of  selling  goods,  wares  or  merchandise  as  a  permanent 
citizen,  with  goods  brought  in  after  the  close  of  the  last  annual  assess¬ 
ment,  and  who,  upon  order  of  the  mayor  or  city  council,  shall  give 
bond  or  security  for  the  assessment  of  such  goods  and  the  payment  of 
taxes  thereon,  as  other  like  stock  of  goods  at  the  next  annual  assess¬ 
ment;  nor  to  any  person  who,  prior  to  and  at  the  time  of  the  receipt 
and  sale  of  such  goods,  wares  and  merchandise,  had  been  and  was 
engaged  in  business  as  a  regular  resident  merchant  within  said  city. 


603.  Every  person  violating  any  of  the  provisions  of  this  act, 
to  which  no  penalty  is  attached,  shall  be  liable  to  a  fine  of  not  less 
than  five  nor  more  than  one  hundred  dollars  for  each  offense. 


Article  III. 

BURIAL  OF  THE  DEAD. 


604.  No  burial  or  interment  shall  be  lawful  in  the  city  of  Mon¬ 
mouth,  nor  shall  any  dead  body  be  removed  from  said  city  until  a 
permit  for  such  burial,  interment  or  removal  shall  have  been  first 
obtained  from  the  health  officer  of  said  city. 

605.  Such  permit  shall  be  issued  by  the  health  officer  upon 
his  receipt  of  the  usual  certificate  of  death,  signed  by  (1)  the 
attending  physician  in  the  case;  or,  if  none,  by  (2)  one  of  the 
parents  of  the  deceased;  or,  if  none,  by  (3)  the  nearest  of  kin  not 
a  minor;  or,  if  none,  by  (4)  the  resident  householder  where  the  death 
occurred;  or,  if  none,  by  (5)  any  reputable  citizen  cognizant  of  the 
facts  and  circumstances  of  the  death;  or,  if  the  death  be  the  subject  of 
an  inquest,  by  (6)  the  coroner  or  other  officer  holding  said  inquest. 


606.  The  health  officer  shall  require  of  the  person  applying  for 
such  permit  a  fee  of  fifty  cents  for  the  use  of  the  city  in  cases  where 
the  burial  is  to  be  made  in  the  cemetery  of  the  city;  and  in  cases 
where  the  dead  body  is  to  be  removed  from  the  city  for  burial  else¬ 
where  a  fee  of  one  dollar  for  the  use  of  the  city. 


607.  It  shall  not  be  lawful  for  any  burial  or  interment  to  be 
made  at  any  place  within  the  corporate  limits  of  the  city  of  Mon- 


162 


CITY  OKLUXaNCES. 


mouth  except  in  the  cemetery  belonging  to  the  city,  nor  until  a 
receipt  for  the  cemetery  lees  be  obtained  from  the  city  treasurer,  or 
in  his  absence,  the  city  clerk. 


608.  The  city  treasurer,  or  in  his  absence  the  city  clerk,  shall 
issue  the  receipt  for  the  cemetery  fees  only  upon  payment  of  the  same 
by  the  person  applying  for  the  receipt,  and  upon  presentation  ot  the 
burial  permit. 


609.  The  burial  permit  and  receipt  for  the  cemetery  tees  shall 
entitle  the  person  applying  for  the  same  to  the  services  of  the  city 
sexton,  and  in  no  case  shall  the  sexton  permit  a  burial  or  interment 
to  be  made  in  the  cemetery  except  upon  presentation  of  both  the 
burial  permit  and  receipt  for  the  cemetery  fees. 

610.  The  cemetery  fees  shall  be  as  follows: 

For  interment  of  the  body  of  a  child  of  nine  years  or  under,  two 
dollars;  for  interment  of  the  body  of  a  person  of  any  other  age,  three 
dollars. 

For  the  removal  of  the  remiins  of  any  pe: s m  from  one  place  to 
another  within  the  cemetery,  and  re-interment,  six  dollars. 


And  in  all  cases  arising  under  the  foregoing  section,  a  receipt  for 
the  fees  for  remoyal  and  reinterment  shall  first  be  obtained  in  like 
manner  as  receipts  for  other  cemetery  fees. 


611.  An}7  undertaker  or  sexton,  and  each  and  every  other  person 
engaged  or  concerned  in  a  burial  in  violation  of  any  of  the  provisions 
of  this  article,  and  the  officers  and  employes  of  any  transportation  com¬ 
pany,  or  any  other  person  or  persons  engaged  or  concerned  in  the 
removal  of  a  dead  body  from  said  city  in  violation  of  the  provisions  of 
this  article,  shall  be  subject  to  a  fine  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars  for  each  offense. 


612.  The  health  officer  shall  enter  in  a  suitable  book,  to  be  kept 
for  that  purpose,  a  record  of  all  burial  permits  issued,  and  permits  for 
removal,  specifying  the  date  of  issue  and  to  whom  issued,  together  with 
all  the  items  of  information  contained  in  the  certificates  upon  which 
the  issue  of  such  permits  is  based;  and  he  shall  forward  to  the  county 
clerk  of  Warren  county,  at  the  end  of  each  month,  all  of  said  certifi¬ 
cates  so  received  during  the  month. 

Article  IV. 


CEMETERY. 

613.  All  monies  arising  from  the  sale  of  cemetery  lots  shall  be 
u^ed  for  the  improvement  and  beautifying  of  the  cemetery  grounds, 
and  for  no  other  purpose  whatsoever. 

614.  It  shall  be  the  duty  of  the  city  treasurer  to  keep  all  the 
moneys  derived  from  such  sales,  in  a  separate  and  distinct  fund  from 


CITY  ORDINANCES. 


163 

all  other  moneys,  and  to  report  to  the  city  council  once  in  each  quar¬ 
ter,  the  amount  of  said  fund  in  his  hands  at  the  time  of  such  report, 
with  the  amount  paid  out  for  improvements  during  the  preceding 
quarter,  and  all  orders  drawn  on  said  fund  shall  have  endorsed  thereon 
the  words  “cemetery  fund/’ 

615.  The  valuation  of  the  lots  in  the  cemetery  grounds  of  the 
city  shall  be  determined  by  the  city  council,  and  a  record  of  such 
valuation  shall  be  presented  to  the  city  treasurer  by  the  city  clerk, 
and  kept  in  a  book  provided  for  that  purpose. 

616.  The  cemetery  lots  shall  be  sold  in  the  manner  provided  by 
the  city  council,  at  such  times  as  they  may  determine,  at  public  or 
private  s^le. 

617.  Deeds  to  such  lots  shall  be  executed  by  the  mayor,  in  the 
name  of  the  city,  and  attested  by  the  city  clerk,  and  shall  vest  in  the 
grantees  all  of  the  title  of  the  city  in  and  to  said  lots,  subject,  how¬ 
ever,  to  all  such  changes  and  assessments  as  may  from  time  to  time 
be  made  against  said  lots  by  the  city  council  for  the  purpose  of  im¬ 
proving  and  keeping  the  cemetery  grounds  in  repair. 

618.  The  city  clerk  shall  charge  for  such  deeds,  for  the  use  of 
the  city,  such  fees  as  the  council  may  provide. 

619.  It,  shall  be  the  duty  of  the  city  treasurer  to  procure  a  well 
bound  book,  in  which  he  shall  keep  a  record  of  the  description  of  the 
cemetery  lots,  the  value  of  each  lot,  the  names  of  the  purchasers,  and 
the  date  of  sale. 

620.  Whenever  any  person  shall  desire  to  purchase  any  lot  sub¬ 
ject  to  sale  at  its  appraised  value,  he  shall  pay  to  the  said  treasurer 
the  appraised  value  thereof,  whereupon  it  shall  be  the  duty  of  the  city 
treasurer  to  execute  his  receipt  for  said  purchase  money,  stating 
therein  the  number  of  the  lot  and  the  block,  for  which  said  money  is 
paid;  and  on  the  presentation  of  said  receipt  to  the  mayor  and  city 
clerk,  it  shall  be  their  duty  to  execute  a  deed  for  said  lot,  the  pur¬ 
chaser  paying  all  expenses  of  said  deed. 

621.  Blocks  two  (2)  and  three  (3)  in  the  cemetery  grounds  shall 
be  set  apart  as  a  public  burying  ground  for  the  burial  of  strangers 
and  indigent  persons.  The  sexton  shall,  at  the  time  of  such  burials, 
designate  the  manner  in  which  the  same  shall  be  made. 

622.  No  person  who  has  not  been  a  resident  of  the  city  for  six 
months  preceding  his  or  her  decease  shall  be  buried  in  that  part  of 
the  cemeteiy  known  as  the  public  burying  ground  except  upon  the 
written  permission  of  the  mayor,  or,  in  his  absence,  the  health  officer, 
nor  without  the  payment  to  the  city  clerk  of  the  regular  cemetery 
fees. 

623.  Any  person  who  shall  willfully  destroy,  deface,  or  in  any 


164 


CITY  ORDINANCES. 


manner  soil,  disturb,  or  injure  any  head-stone,  foot-stone,  tablet,  mon¬ 
ument,  or  other  thing  placed  in  said  cemetery  for  the  purpose  of  per¬ 
petuating  the  memory  of  the  dead,  shall,  on  conviction  thereof, 
be  fined  not  less  than  ten  nor  more  than  one  hundred  dollars. 

624.  Any  person  who  shall  willfully  throw  down,  open,  injure, 
or  destroy  the  fence  about  the  cemetery  ground,  or  any  part  thereof, 
or  who  shall  cut,  disfigure,  or  destroy  any  tree,  shrub,  or  plant  stand¬ 
ing  upon  said  ground,  except  the  person  who  planted  the  same,  or 
who  owns  the  lot  upon  which  such  tree,  shrub,  or  plant  shall  be 
placed;  or  an}7  person  who  shall  displace  or  destroy  any  stake,  stone, 
or  boundary  within  said  grounds,  shall,  on  conviction,  be  fined  not 
less  than  five  nor  more  than  fifty  dollars. 

625  Any  person  who  shall  dig  a  grave  or  vault  in  said  cemetery 
ground,  in  any  street  or  alley  thereof,  or  upon  any  lot  therein,  with¬ 
out  the  consent  of  the  owner  of  said  lot,  or  if  said  lot  is  unsold,  with¬ 
out  the  consent  of  the  sexton,  shall,  on  conviction,  be  fined  not  less 
than  than  five  nor  more  than  twenty-five  dollars. 

626.  Any  person  who  shall  open  or  any  way  disturb  any  grave, 
vault,  or  other  place  for  the  deposit  of  the  dead,  within  said  ground, 
not  being  the  nearest  ot  kin  to  the  deceased  person,  a  near  relative  of 
the  deceased  person,  or  legally  entitled  to  disturb  or  open  said  grave, 
vault,  or  other  place  of  deposit  for  the  dead,  except  for  the  purpose  of 
repairing  or  improving  the  same,  shall,  on  conviction  thereof,  be  fined 
in  any  sum  not  less  than  twenty-five  nor  more  than  two  hundred  dol¬ 
lars,  or  imprisonment  in  the  city  or  county7  jail  not  exceeding  six 
months,  or  both. 

627.  All  persons  must  enter  and  leave  the  cemetery  through  the 
open  gate,  or  over  the  stile,  and  when  on  the  cemetery  grounds,  they 
must  keep  on  the  streets,  lanes  and  alleys,  and  no  person  shall  be 
permitted  to  go  upon  or  across  any  lot  of  the  cemetery  unless  he  be 
the  owner  thereof,  or  have  permission  from  the  owner  or  sexton  so 
to  do;  and  visitors  shall  not  be  allowed  upon  the  cemetery  grounds 
after  the  hour  of  8  p.  m.,  without  the  permission  of  the  sexton. 

628.  No  minor  shall  be  allowed  on  the  cemetery  grounds  at  any 
time  except  when  attending  a  funeral  or  accompanied  by  parent, 
guardian  or  adult  brother  or  sister,  or  when  expressly  permitted  by 
the  sexton. 

629.  Any  person  or  persons  guilty  ot  a  violation  of  any  of  the 
provisions  of  this  article,  for  which  no  penalty  is  provided,  shall,  upon 
conviction,  be  fined  not  less  than  three  nor  more  than  fifty  dollars  for 
each  offense. 

Article  V. 

COACHES,  CABS  AND  CARTS. 

630.  No  person  or  persons  shall  hire  out,  keep  or  use  for  hire, 


CITY  ORDINANCES. 


165 


or  cause  to  be  kept  or  used  for  hire,  for  the  carrying  or  conveying  of 
persons  within  the  city  of  Monmouth,  any  hackney  coach,  cab,  coach, 
omnibus,  or  other  vehicle  or  vehicles,  carriage  or  carriages  of  any 
description  or  name  whatever,  without  a  license  so  to  do. 

631.  The  mayor  is  hereby  authorized  to  license,  under  his  hand, 
attested  by  the  clerk  and  the  seal  of  the  city,  any  person  being  the 
owner  of  any  or  either  of  the  said  carriages  or  vehicles,  to  keep  and 
use  for  hire  and  the  conveyance  of  persons,  any  or  either  of  said 
carriages  or  vehicles. 

632.  Any  person  desiring  to  take  out  a  license  for  any  of  the 
vehicles  mentioned  in,  or  contemplated  by,  this  article,  shall  deposit 
with  the  city  treasurer  the  amount  of  the  license  fee,  and  the  treas¬ 
urer  shall  thereupon  give  him  duplicate  receipts  therefor,  one  of  which 
shall  be  presented  to  the  mayor,  who  shall  direct  a  license  to  issue. 

633.  Every  vehicle  licensed,  under  the  provisions  of  this  article, 
shall  be  numbered — the  number  to  be  the  same  as  that  on  the  license 
and  put  in  some  conspicuous  place  on  the  vehicle. 

634.  All  licenses,  issued  under  the  provisions  of  this  article,  shall 
be  made  to  expire  on  the  first  Monday  of  April  following,  and  no 
license  shall  be  issued  for  a  shorter  period  than  one  year,  except  when 
the  time  to  the  end  of  the  year  is  less.  But  the  mayor  may  issue 
permits  when  the  agricultural  fair  is  in  progress,  and  on  like  occa¬ 
sions,  to  persons  not  regularly  licensed,  to  run  vehicles  for  a  less 
period,  for  which  they  shall  pay  not  less  than  two  dollars  per  day. 
Where  permits  are  issued  under  this  section,  such  permit  shall  be 
carried  by  the  driver,  and  exhibited  to  the  city  marshal  or  any  police 
officer  of  the  city,  who  may  require  its  production. 

635.  All  licenses  granted  under  this  article  shall  designate  the 
coach,  cab,  omnibus,  or  vehicle  by  their  number  or  name,  and  the 
owner  or  owners,  driver  or  drivers,  shall  be  severally  liable  for  each 
and  every  violation  of  this  article  by  such  owner  or  owners,  or  their 
driver  or  drivers. 

636.  It  shall  be  the  duty  of  the  clerk  to  keep  a  register  of  the 
names  of  the  persons  to  whom  each  license  is  granted,  and  the  date 
of  issue  and  the  purposes  for  which  obtained. 

637.  The  license  fee  for  each  vehicle  shall  be  as  follows: 

For  all  cabs,  coaches,  hacks,  omnibuses  and  vehicles  running  to 
and  from  any  place  in  the  city,  each,  for  one  year,  five  dollars. 

638.  For  all  cabs,  carriages,  coaches,  omnibuses,  hacks,  or  other 
vehicles  that  shall  run  for  the  conveyance  of  passengers  for  hire  or 
reward  within  the  city;  and  all  carriages,  cabs,  or  other  vehicles  kept 
or  used  for  hire  by  any  keeper  or  keepers  of  livery  stables  for  the 


166 


CITY  ORDINANCES. 


carrying  or  conveying  of  persons  within  the  city  of  Monmouth  shall 
be  charged  lor  license,  each,  such  carriage,  cab,  or  other  vehicle,  the 
sum  of  live  dollars  per  annum. 

639.  The  prices  or  rates  of  fare  to  be  asked  or  demanded  b}T  the 
owners  or  drivers  of  hackney  coaches,  cabs,  or  other  vehicles  for  the 
conveyance  of  passengers  for  hire,  shall  be  as  follows: 

For  conveying  passengers  anywhere  within  the  city,  twenty-live 
cents;  but  no  charge  shall  be  made  for  conveying  children  of  ten 
years  or  under  accompanying  parents  or  others. 

640.  Every  passenger  shall  be  allowed  to  have  conveyed  upon 
such  vehicle,  without  charge,  his  ordinary  traveling  baggage,  not 
exceeding  in  any  case  one  trunk  and  twenty-five  pounds  of  other  bag¬ 
gage.  For  every  additional  package,  where  the  whole  weight  of  bag¬ 
gage  is  over  one  hundred  pounds,  if  conveyed  tu  any  place  within  the 
city  limits,  the  owner  or  driver  shall  be  permitted  to  charge  fifteen 
cents. 


641.  There  shall  be  fixed  in  every  hackney  coach,  cab,  or  other 
vehicle  for  the  conveyance  of  passengers  for  hire,  in  such  manner  as 
can  be  conveniently  read  by  any  person  riding  in  the  same,  a  card 
containing  the  name  of  the  owner  of  said  vehicle,  the  number  of  his 
license,  and  the  whole  of  sections  639-640  of  this  article,  printed  in 
plain  legible  characters,  under  the  penalty  of  not  less  than  ten  dollars 
for  each  and  every  violation  thereof,  and  revocation  of  license. 

642.  No  owner  or  driver  of  any  hackney  coach,  cab,  coach,  or 
other  carriage  or  vehicle  licensed  as  aforesaid,  shall  refuse  to  convey 
in  said  city  any  person  with  or  without  baggage  as  aforesaid,  when 
applied  to  for  that  purpose;  or,  having  undertaken  to  conve}r  such 
person,  shall  omit  or  neglect  so  to  do,  under  the  penalty  of  ten  dollars 
for  each  offense. 

643.  Every  cart,  truck,  wagon,  dray,  or  other  vehicle  drawn  by 
one  or  more  horses  or  other  animals,  which  shall  be  kept,  used,  driven 
or  employed  for  the  transportation  of  goods,  wares,  merchandise,  or 
other  articles  for  hire  or  gain  from  any  freight  depot  or  station  toother 
places  within  the  city  of  Monmouth,  shall  be  deemed  a  public  cart, 
within  the  meaning  of  this  article,  and  every  person  who  shall  keep, 
use,  or  run  any  public  cart  without  first  obtaining  a  license  therefor 
as  herein  provided,  shall  be  deemed  guilty  of  a  violation  of  this  article. 

644.  The  license  fee  tor  such  vehicles  shall  be  as  follows: 

All  drays,  carts,  wagons  and  other  vehicles  drawn  by  two  horses 
or  other  animals,  and  running  within  said  city  for  hire  or  reward,  shall 
be  charged  for  license,  each,  the  sum  of  two  dollars  and  fifty  cents  per 
annum:  Provided ,  that  nothing  herein  contained  shall  include  bag¬ 
gage  wagons  running  to  and  from  hotels  in  connection  with  licensed 
hacks,  omnibuses,  or  other  vehicles. 


CITY  ORDINANCES. 


167 


615.  All  drays,  carts,  wagons  and  other  vehicles  drawn  by  one 
horse  or  other  animal,  and  running  in  said  city  for  hire  or  reward, 
shall  be  charged  for  license,  each  the  sum  of  one  dollar  and  fifty  cents. 

616.  All  drays,  carts,  wagons  and  other  vehicles  not  engaged  in 
the  regular  business  of  conveying  merchandise,  baggage,  and  other 
articles,  but  which  shall  be  hired  by  the  load  or  by  the  day,  or  for  a 
longer  or  shorter  period  of  time  for  the  purpose  of  hauling  or  convey¬ 
ing  goods,  wares  and  merchandise  or  other  articles  to  and  from  freight 
depots  and  railroad  stations  to  other  places  within  said  city,  shall  be 
deemed  for  the  purpose  of  this  article,  public  carts,  and  shall  be  re¬ 
quired  to  take  out  a  license  under  the  provisions  of  this  article. 

617.  The  prices  or  rates  to  be  charged  by  the  owner  or  driver  of 
any  public  cart  or  other  vehicle  for  the  carrying  of  goods,  wares  and 
merchandise  and  for  the  loading  and  unloading  of  the  same,  shall  be 
as  follows  : 

For  hauling  each  load  to  or  from  any  freight  or  passenger  depot 
forty  cents. 

For  hauling  any  load  a  distance  of  six  blocks  or  under,  twenty- 
five  cents,  for  a  greater  distance  forty  cents. 

618.  Every  public  cart  shall  keep  the  number  of  the  license 
therefor  in  some  conspicuous  place  upon  said  cart,  and  the  driving  or 
using  of  a  public  cart  without  its  being  so  numbered,  shall  be  deemed 
a  violation  of  this  article. 

619.  Every  public  cartman  shall  be  entitled  to  be  paid  the  legal 
rate  or  compensation  allowed  and  provided  in  this  article  immediately 
upon  the  carting  or  transportation  of  any  article  or  thing,  and  it  may 
be  lawful  for  any  such  public  cartman  to  retain  any  article  or  thing 
so  carted  or  transported  by  him  for  which  he  is  not  so  paid  his  cartage, 
and  all  disputes  or  disagreements  as  to  distance  or  rates  between  pub¬ 
lic  cartmen,  and  persons  employing  them,  shall  be  referred  to  and  set¬ 
tled  by  the  city  marshal  or  any  police  officer. 

650.  No  person  driving  any  licensed  public  cart  shall  refuse  to 
convey  within  said  city  the  baggage,  goods  or  merchandise  of  any 
person,  when  applied  to  for  that  purpose,  or  having  undertaken  to 
convey  such  baggage,  goods  or  merchandise,  or  other  thing,  shall 
omit  or  neglect  to  do  so,  or  shall  state  to.  ask,  take,  or  extort  from 
any  person  desiring  to  have  or  having  had.  conveyed  to  any  place  in 
s  lid  city  such  baggage,  goods,  merchandise,  or  other  thing,  as  the 
price  or  rate  of  fare  for  such  conveyance,  any  greater  price  or  rate  of 
fare  than  that  herein  established,  under  the  penalty  of  five  dollars  for 
every  offense. 

651.  No  person  driving  a  licensed  public  cart  shall  in  or  about 
any  railroad  passenger  house  or  freight  depot  in  said  city  make  any 
loud  noise  or  disturbance,  or  be  guilty  of  any  lewd  or  indecent  conduct 


i 


168 


CITY  ORDINANCES. 


or  behavior  to  the  annoyance  or  disturbance  of  citizens  or  travelers, 
under  the  penalty  of  not  less  than  live  dollars  for  each  and  every 
offense. 

652.  No  public  cart  shall  be  used  within  said  city  except  it  be 
duly  licensed,  and  the  person  to  whom  license  is  granted  to  keep  and 
use  a  public  cart  shall,  for  all  the  purposes  of  this  article,  be  consid¬ 
ered  the  owner  thereof,  and  responsible  for  all  articles  intrusted  to, 
and  for  the  conduct  of,  the  driver  thereof,  and  liable  equally  with  the 
driver  thereof  to  all  forfeitures,  and  penalties,  and  punishments  here¬ 
in  contained  or  provided. 

653.  Any  person  or  persons  guilty  of  a  violation  of  any  of  the 
provisions  of  this  article  for  which  no  other  penalty  is  provided,  shall 
be  liable  to  a  fine  of  not  less  than  five  nor  more  than  fifty  dollars. 

Article  VI. 

CONCEALED  WEAPONS. 

654.  It  shall  be  unlawful  for  any  person,  within  the  corporate 
limits  of  the  city,  to  carry  or  wear  under  his  clothes,  or  concealed 
about  his  person,  any  pistol,  colt  or  slung  shot,  cross  knuckles,  or 
knuckles  of  lead,  brass  or  other  metal,  or  bowie  knife,  dirk  knife,  or  dirk, 
razor  or  dagger,  or  other  dangerous  or  deadly  weapon. 

655.  Any  such  weapon  or  weapons  duly  adjudged  by  any  police 
magistrate  or  justice  of  the  peace  of  said  city  to  have  been  worn  or 
carried  by  any  person,  in  violation  of  the  first  section  of  this  article, 
shall  be  forfeited  or  confiscated  to  the  said  city  of  Monmouth  and 
shall  be  so  adjudged. 

656.  '  Any  policeman  of  the  city  of  Monmouth  may  within  the 
limits  of  said  city  without  a  warrant  arrest  any  person  or  persons 
whom  such  policeman  may  find  in  the  act  of  carrying  or  wearing 
under  their  clothes  or  concealed  about  their  persons,  any  pistol,  or 
colt,  or  slung  shot,  or  cross  knuckles,  or  knuckles  of  lead,  brass  or 
other  metal,  or  bowie  knife,  dirk  knife,  or  dirk,  or  dagger,  or  any 
other  dangerous  or  deadly  weapon,  and  detain  him,  her  or  them  in 
custody  until  a  summons  or  warrant  can  be  procured  on  complaint 
made  (under  oath  or  affirmation)  tor  the  trial  of  such  person  or  per¬ 
sons,  and  for  the  seizure  and  confiscation  of  such  of  the  weapons  above 
referred  to  as  such  person  or  persons  may  be  found  in  the  act  of  car¬ 
rying  or  wearing  under  their  clothes,  or  concealed  about  their  persons. 

657.  Upon  complaint  made,  under  oath  or  affirmation,  to  any 
magistrate  or  justice  of  the  peace  in  said  city,  that  any  person  has 
been  guilty  of  violating  any  of  the  provisions  of  section  656  of  this 
article,  a  summons  or  warrant  shall  issue  for  the  summoning  or  ar¬ 
rest  of  the  offender  or  offenders,  returnable  forthwith;  upon  the 
return  of  such  summons  or  warrant,  such  magistrate  or  justice  shall 
proceed  to  the  hearing  and  determination  of  the  matter,  and  if  it 
shall  be  adjudged  that  such  person  or  persons  has  or  have  incurred 


CITY  ORDINANCES. 


169 


ai  y  of  the  penalties  fixed  by  this  article,  such  magistrate  or  justice 
of  the  peace  shall  so  adjudge,  and  order  that  the  weapon  or  weapons, 
cc  ncerning  the  carrying  or  wearing  of  which  such  penalty  shall  have 
bi-en  incurred,  shall  be  confiscated  to  the  city  of  Monmouth. 

658.  Any  person  or  persons  violating  any  of  the  provisions  of 
this  article  shall  pay  a  fine  of  not  less  than  three  dollars  nor  more 
than  fifty  dollars. 

659.  The  prohibitions  of  this  article  shall  not  apply  to  the  offi¬ 
cers  or  members  of  the  police  force  of  said  city  when  on  duty,  nor  to 
any  officer  of  any  court  whose  duty  may  be  to  serve  warrants  or  to 
make  arrests;  nor  to  persons  whose  business  or  occupation  may  seem 
to  require  the  carrying  of  weapons  for  their  protection,  and  who  shall 
1  ave  obtained  from  the  mayor  a  permit  so  to  do,  as  hereinafter 
provided. 

660.  The  mayor  may  grant  to  so  many,  and  such  persons  as  he 
nav  think  proper,  permits  to  carry  concealed  weapons,  and  may  revoke 
any  and  all  of  such  permits  at  his  pleasure. 

661.  Applications  for  such  permits  shall  be  made  to  the  mayor, 
and  when  granted  the  person  applying  therefor  shall  pay  to  the  city 
treasurer  the  sum  of  fifty  cents,  and  thereupon  a  permit  shall  be  issued 
bv  the  city  clerk  and  signed  by  the  mayor. 

662.  Every  such  permit  shall  state  the  name,  age,  occupation 
and  residence  of  the  person  to  whom  it  is  granted,  and  shall  expire 
on  the  first  day  of  April  next  following. 

Article  VII. 

DEPOT  GROUNDS. 

663.  It  shall  be  unlawful  for  any  person  or  persons  to  loaf, 
lounge,  or  loiter  in  or  about  any  freight-house,  wareroom,  waiting- 
room,  depot  building,  or  upon  an}^  of  the  walks  or  platforms  upon  or 
adjacent  to  any  depot  grounds  in  said  city  to  the  annoyance  or  alarm 
of  any  other  person  or  persons  who  shall  be  there,  or  liable  to  be  there, 
for  the  transaction  of  business. 

66-f.  All  persons  shall  be  deemed  guilty  of  lounging,  loafing,  or 
loitering  at  any  of  the  places  enumerated  in  the  preceding  section, 
who  shall  remain  at  any  of  the  aforesaid  places  for  a  longer  time  than 
is  reasonably  sufficient,  by  prompt  and  diligent  attention  and  labor  to 
perform  the  business  of  necessity  to  be  performed  by  such  person  or 
persons  at  such  places,  unless  such  person  or  persons  can  show7  express 
permission  from  the  railroad  company  then  owning  or  controlling 
such  depot,  to  remain  for  a  longer  time,  and  any  person  or  persons 
violating  the  provisions  of  this  article  shall,  upon  conviction,  be  liable 
to  a  penalty  of  not  less  than  three  nor  more  than  ten  dollars. 


170 


CITY  ORDINANCES. 


665.  It  is  hereby  made  the -duty  of  the  city  marshal  and  the 
policemen  of  the  city  to  visit  the  places  enumerated  in  this  article  as 
often  as  maybe  necessary  to  secure  a  .rigid  enforcement  of  this  article, 
and  to  arrest,  without  warrant,  all  persons  found  violating  any  of  its 
provisions.  _JTI-r 


Article  VIII. 

DOGS. 

666.  Hereafter  it  shall  not  be  lawful  to  permit  any  dog  to  go 
abroad  loose,  or  at  large,  in  any  of  the  public  streets,  avenues,  alleys, 
parks,  or  places  within  the  corporate  limits  of  the  city  of  Monmouth, 
under  a  penalty  of  five  dollars  for  each  offense,  to  be  recovered  against 
the  owner,  possessor,  or  person  who  knowingly  harbored  such  dog 
within  three  days  previous  to  the  time  of  such  dog  being  so  found 
going  abroad  loose  or  at  large.  Nothing  in  this  article  shall  prevent 
any  such  dog  from  going  into  any  such  street,  avenue,  alley,  park,  or 
other  place,  provided  such  dog  shall  wear  a  good  and  substantial  collar 
having  attached  thereto  the  metal  tag  hereinafter  provided. 

667.  Every  owner,  possessor,  or  person  who  harbors  or  keeps  any 
dog  within  the  limits  ot  the  city  shall,  annually,  and  within  thirty 
days  after  the  first  day  of  May  in  each  year,  pay  to  the  city  clerk  the 
sum  of  one  dollar  for  every  male  dog,  and  the  sum  of  two. dollars  for 
every  female  dog,  and  cause  such  dog  to  be  registered  in  the  office  of 
the  cit}r  clerk,  in  a  book  to  be  kept  for  that  purpose;  and  also  obtain 

from  such  clerk  the  metal  tag  hereinafter  required. 

«  . 

m 

668.  The  city  clerk  shall  provide,  each  and  every  year,  such 
number  of  metal  tags  as  may  be  necessary,  of  such  size  and  shape  as 
he  shall  deem  expedient  (the  shape  to  be  changed  each  year),  having 
stamped  thereon  numbers  indicating  the  year  for  which  the  tax  is 
paid,  and  the  letters  C.  D.  T.;  and  it  shall  be  the  duty  of  the  city 
clerk  to  deliver  one  of  such  metal  tags  to  the  person  so  paying  a  tax 
upon  any  such  dog. 

669.  Every  dog  so  licensed  shall  have  a  collar  around  his  neck 
with  the  metal  tag  aforesaid  securely  fastened  to  it. 

670.  All  dogs  found  loose  or  at  large,  without  a  collar,  shall  be 
seized,  captured  and  delivered  by  such  persons  as  the  marshal  shall 
designate,  at  a  place  to  be  provided  and  indicated  by  him,  where  such 
animals,  if  not  within  six  days  thereafter  claimed  and  redeemed  by 
the  owner,  or  some  other  person,  shall  be  disposed  of  in  such  manner 
as  the  marshal  shall  designate. 

671.  The  city  marshal  is  hereby  authorized  to  take  such  meas¬ 
ures  as  he  may  deem  most  efficient  to  carry  into  effect  the  provisions 
of  this  article;  and,  if  it*shall  be  found,  necessary,  he  may  designate 
one  or  more  persons  in  each  division  of  the  city,  who  shall  have 
special  police  powers  for  that  purpose. 


CITY  ORDINANCES. 


171 


672.  The  provisions  of  this  article  shall  not  apply  to  dogs  owned 
by  non-residents,  in  remaining  temporarily,  or  in  passing  through 
this  city. 

673.  No  person  shall  hinder  or  molest  any  person  or  persons  so 
appointed  by  the  marshal  while  engaged  in  seizing  or  capturing  and 
delivering  any  such  dog,  as  aforesaid,  or  any  other  person  engaged  in 
the  performance  of  any  duty  enjoined  by  the  provisions  of  this  article 
under  a  penalty  of  not  less  than  five  nor  more  than  one  hundred  dol¬ 
lars  for  every  offense. 

671.  It  shall  be  the  duty  of  the  city  marshal,  his  assistants,  and 
of  all  policemen  in  the  city  of  Monmouth,  to  take  up  and  impound 
in  any  city  pound  in  which  cattle  are  authorized  to  be  impounded,  if 
no  other  place  shall  have  been  designated,  any  dog  found  in  the  city 
of  Monmouth  not  having  a  collar  around  its  neck  with  the  metal  tag 
aforesaid  attached  thereto,  and  if  such  dog  shall  not  be  redeemed,  as 
hereinafter  provided,  within  six  days  after  such  dog  shall  have  been 
impounded,  it  shall  be  the  duty  of  the  city  marshal  to  dispose*  of  said 
dog  as  the  marshal  may  see  fit. 

675.  The  marshal  is  authorized  to  collect  the  amount  of  the  tax 
due  upon  impounded  dogs,  and  also  twenty  cents  for  every  day  such 
dog -shall  be  impounded,  and  he  shall  keep  a  register  of  such  dogs, 
and  shall  account  to  the  city  clerk  at  the  close  ot  each  month  for  the 
money  so  collected. 

676.  Any  person  or  persons  who  shall  violate,  or  fail,  or  neglect, 
or  refuse  to  comply  with  any  of  the  foregoing  provisions  of  this  ar¬ 
ticle,  where  no  other  penalty  is  prescribed,  shall  be  liable  to  a  penalty 
of  not  less  than  five  nor  more  than  fifty  dollars  for  each  offense. 

Article  IX. 

DRAINS. 

677.  Any  person  or  persons,  or  corporation,  desiring  to  connect 
with  any  drain  lahl,  or  hereafter  to  be  laid,  and  controlled  by  the  city, 
for  the  purpose  of  draining  any  cellar,  well  or  cistern,  may  apply  to 
the  superintendent  of  streets  for  permission,  which  permission  shall 
be  granted  in  writing,  upon  the  payment  of  five  dollars  by  the  party 
applying. 

678.  Any  person  or  persons,  or  corporation,  to  whom  such  per¬ 
mission  is  granted,  shall  apply  to  the  city  engineer  for  specifications 
as  to  such  drain  connections,  and  shall  be  subject  to  the  orders  of  said 
engineer,  under  whose  control  and  supervision  all  such  connections 
shall  be  made,  and  shall  pay  all  charges  made  by  said  engineer 
therefor. 

679  No  such  connecting  drain,  when  laid,  shall  be  used  for  car¬ 
rying  off  slops  of  any  kind,  or  soap  suds,  nor  for  any  other  purpose  than 


172 


CITY  ORDINANCES. 


the  drainage  of  cellars  and  carrying  off  waste  water  from  cisterns  or 
wells;  and  such  connecting  drain  shall  be  provided  with  a  screen  or 
strainer,  to  be  attached  by  direction  of  the  city  engineer. 

680.  Any  person  or  persons,  or  corporation,  who  shall  make 
connections  with  any  such  drain  without  complying  with  the  pro¬ 
visions  of  this  article,  or  who  shall  in  any  manner  interfere  with, 
damage,  or  destroy  any  city  drain  or  any  connecting  drain  laid  in 
accordance  with  the  provisions  of  this  article,  shall  be  liable  to  a  pen¬ 
alty  of  not  less  than  five  dollars  nor  more  than  fifty  dollars. 

Article  X. 

ELECTIONS — CONTEST — HOW  CONDUCTED. 

681.  The  election  of  any  alderman  may  be  contested  by  any 
elector  of  the  city,  and  the  proceedings  shall  be  in  accordance  with 
the  general  laws  of  this  state  regulating  the  mode  of  contesting  the 
elections  of  county  officers,  so  far  as  the  same  may  be  applicable. 

682.  The  city  council  shall  be  the  tribunal  before  which  such 
contest  shall  be  heard,  and  their  decision  shall  be  final. 

683.  When  any  person  shall  desire  to  contest  the  right  of  anoth¬ 
er  to  hold  the  office  of  alderman,  to  which  such  person  claims  the 
right,  he  shall,  within  thirty  days  after  the  election,  file  with  the  city 
clerk  a  statement  in  writing,  briefly  setting  forth  the  points  on  which 
he  will  contest  the  election,  which  statement  shall  be  verified  by 
affidavit. 

684. '  Upon  filing  such  statement,  said  contestant  shall  also  serve 
a  copy  thereof  upon  the  person  whose  election  he  intends  to  contest, 
and  in  case  he  is  absent,  or  cannot  be  found,  then  by  leaving  a  copy 
of  said  statement  at  contestee’s  usual  place  of  residence. 

685.  Whenever  said  statement  shall  have  been  filed  and  served 
as  aforesaid,  it  shall  be  the  duty  of  the  city  council,  upon  the  appli¬ 
cation  of  either  party,  to  fix  the  time  and  place  for  taking  the  depo¬ 
sitions  of  witnesses,  when  either  party  may  proceed  to  take  the  tes¬ 
timony  of  any  witness,  in  the  manner  and  as  provided  tor  taking- 
depositions  to  be  used  in  cases  in  chancery,  before  any  judge,  justice 
of  the  peace,  master  in  chancery,  or  notary  public,  at  the  time  and 
place  so  fixed,  and  continue  the  same  from  day  to  day  thereafter  until 
all  the  testimony  shall  have  been  taken. 

686.  In  all  cases  of  contested  elections,  the  proofs  shall  be  taken 
and  filed  with  the  city  clerk  as  hereinafter  provided,  within  thirty 
days  from  the  day  fixed  by  the  city  council  for  taking  the  same: 
Provided ,  that  the  council  may,  from  time  to  time,  upon  sufficient 
cause  shown,  extend  the  time  for  taking  and  filing  said  proofs. 

687.  No  testimony  shall  be  taken  or  produced  on  the  hearing 


173 


CITY  ORDINANCES. 

w 

before  the  city  council,  except  upon  the  points  set  forth  in  the  said 
statement  required  to  be  filed  with  the  city  clerk  and  served  upon  the 
respondent. 

688.  When  all  the  evidence  shall  have  been  taken,  the  same 
shall  be  filed  forthwith  with  the  city  clerk,  who  shall  immediately  lay 
the  same  before  the  city  council,  and  the  council  shall,  without  delay, 
refer  the  same*  to  some  appropriate  committee  to  investigate  and  report 
upon;  and  upon  such  report  being  made,  the  council  shall  decide  the 
same  according  to  the  right  of  the  matter,  and  shall  declare  as  elected 
the  person  who  shall  appear  by  the  evidence  to  have  been  elected. 
The  council  may  require  all  the  testimony  and  proofs  taken  to  be  read 
in  open  council. 

689.  Whenever  it  shall  appear  in  any  case  that  the  person 
receiving  the  highest  number  of  votes  is  ineligible  to  the  office  because 
of  any  legal  disqualification  it  shall,  for  that  reason,  be  the  duty  of 
the  city  council  to  declare  said  election  null  and  void,  and  immedi¬ 
ately  call  a  special  election  to  fill  said  office. 

690.  In  all  cases  of  contested  election  the  parties  shall  have  the 
right  to  have  the  package  or  packages  of  ballots  which  have  been 
returned  to  the  city  clerk,  as  required  by  law,  opened  in  the  presence 
of  a  committee  of  the  council,  and  of  the  person  having  the  custody 
thereof,  and  to  have  said  ballots  counted,  or  the  same  may  be  brought 
into  open  council,  and  then  and  there  counted  by  a  committee  of  three 
persons  appointed  for  that  purpose. 

Article  XL 

FIREARMS,  FIREWORKS  AND  CANNONS. 

691.  No  person  shall  tire  or  discharge  any  gun,  pistol,  fowling- 
piece,  or  other  firearm  within  the  corporate  limits  of  the  city  of 
Monmouth,  except  it  be  done  in  case  of  necessity,  or  in  the  perform¬ 
ance  of  a  lawful  duty,  under  the  penalty  of  not  less  than  two  dollars 
for  each  offense. 

692.  No  person  shall  fire,  discharge,  or  set  off  within  the  limits 
of  the  city  of  Monmouth,  any  rocket,  cracker,  torpedo,  squib,  or  other 
fireworks  or  thing  containing  any  substance  of  an  explosive  nature, 
under  the  penalty  of  ten  dollars  for  each  offense:  Provided ,  that  the 
mayor  may  b}'  proclamation  permit  the  use  and  sale  of  fireworks  on 
the  fourth  day  of  July,  and  on  such  other  day  or  days  as  he  in  his 
discretion  may  deem  proper. 

693.  No  cannon  or  piece  of  artillery  shall  be  discharged*  or  fired 
off  in  any  street,  avenue,  alley,  park,  or  place  within  the  corporate 
limits  of  the  city  without  a  written  permission  from  the  mayor,  under 
a  penalty  of  twenty-five  dollars  for  every  offense. 

694.  No  person  shall  sell  within  the  limits  of  the  city  any  rockets, 


174 


CITY  ORDINANCES. 

crackers,  squibs,  or  other  fireworks  containing  any  combustible  or 
explosive  material,  under  the  penalty  of  not  less  than  five  dollars  for 
each  offense:  Provided ,  that  this  section  shall  not  apply  to  the  sale 
of  imported  fireworks  in  their  original  packages. 

695;  The  mayor  may  grant  written  permits  to  such  persons  as 
he  shall  deem  proper  for  the  sale  of  fireworks  on  the  fourth  of  July, 
and  such  other  days  as  he  may  see  fit.  Such  permits,  shall  designate 
the  place  of  such  sale. 

Article  XII. 


FLAGS  AND  DECORATIONS  AT  THE  CITY  HALL. 

696.  All  power  and  authority  to  display  flags  or  other  decora¬ 
tions  on,  in,  or  about  the  city  hall,  or  other  public  buildings  belonging 
to  the  city,  are  hereby  vested  in  the  mayor,  unless  the  city  council 
shall  otherwise  direct. 

Article  XIII. 


FIRE  LIMITS,  BUILDINGS,  ETC. 


697.  All  that  portion  of  said  city  described  as  follows,  to- wit: 
Blocks  six  (6),  seven  (7),  ten  (10),  eleven  (11),  twelve  (12),  nineteen 
(19),  twenty  (20),  twenty-one  (21),  twenty-four  (24),  twenty-five  (25) 
and  twenty-six  (26)  of  the  original  plat  of  the  town  of  Monmouth, 
shall  be  known  as  the  fire  limits  of  said  city. 


698.  No  building  or  structure  of  any  kind  or  description  shall 
be  erected  or  constructed  within  the  fire  limits  of  the  city,  except  in 
the  manner  and  as  hereinafter  provided  in  this  article. 


699.  Before  any  person  shall  hereafter  erect,  or  cause  to  be 
erected,  any  building  within  the  said  fire  limits  he  shall  first  make  a 
written  application  to  the  fire  marshal  for  a  building  permit,  in  which 
application  he  shall  specify  the  nature,  location,  materials  and  dimen¬ 
sions  of  the  proposed  building.  In  case  it  appears  from  the  specifica¬ 
tions  in  such  application  that  the  proposed  building  is  within  the 
provisions  of  this  article,  the  fire  marshal  shall  grant  the  building 
permit. 

700.  All- outside  and  party  walls  shall  be  of  stone,  brick,  or  other 
.fire-proof  materials.  All  joists,  beams,  or  other  timber  in  outside 

walls,  and  all  wooden  lintels  and  plate  pieces  shall  recede  from  the 
outer  surface,  of  the  wall  at  least  four  inches.  All  end  and  party 
walls,  when  the  buildings  are  connected,  shall  extend  above  the  sheet¬ 
ing  of  the  roof  at  least  seven  inches,  or  three  courses  of  brick,  and  in 
;  no  caise  shall  the  plank  or  shotting  of  any  roof  extend  across  any 
.  party  or  end  wall.  - 

701.  No  chimney  shall  be.  built  with  less  than  four-inch  walls, 
and  no  chimney  top  shall  be  less  than  five  feet  above  the  roof  (for  flat 
roof),  and  two  feet  above  the  ridge  of  any  pitched  root;  fines  in  busi- 


i 


OITY  oUMJfAJSOEtt.  175 

ness  buildings  shall  have  four-inch  walls  and  eight-inch  jambs;  no 
joists  or  timbers  in  any  building  shall  rest  in,  upon,  or  against  the 
walls  of  any  chimney. 

702.  No  wooden  building  within  the  said  limits  shall  be  repair¬ 
ed  further  than  to  make  good  ordinary  and  natural  deterioration 
nor  enlarged,  nor  added  to,  nor  shall  any  wooden  building,  whether 
within  or  without  said  tire  limits,  be  removed  to  any  other  place 
within  the  same  without  permission. 

703.  All  smoke-houses  and  places  for  the  deposit  of  ashes,  within 
or  without  the  said  fire  limits,  shall  be  of  stone,  brick  or  other  fire 
proof  material. 

70±.  Sheds  not  exceeding  12  feet  in  height  from  the  ground  at 
the  highest  parts  thereof,  and  not  exceeding  75  feet  area,  and  privies 
may  be  constructed  of  wood;  such  sheds  and  privies  shall  be  separate 
structures,  and  sheds  shall  not  be  located  on  the  front  part  of  any 
lot,  nor  shall  they  be  used  as  a  dwelling,  or  for  any  business  purpose 
whatever. 

705.  Shelter  sheds  may  be  constructed  having  incombustible 
roofing  not  over  twenty  feet  high  from  the  ground  to  the  highest 
point  of  roof,  the  roof  to  be  supported  on  sufficient  posts  or  piers. 
Such  sheds  shall  have  no  enclosing  walls  or  wooden  floors. 

706.  All  owners  of  buildings  or  parts  of  buildings  erected  or 
repaired,  within  the  said  limits  in  violation  of  the  provisions  of  this 
ordinance,  and  all  persons  aiding  or  assisting  in  the  erection  or  repair 
of  such  buildings  or  parts  of  buildings,  shall  be  subject  to  a  penalt}r 
of  not  less  than  twenty  dollars,  and  not  more  than  one  hundred 
dollars. 

707.  No  shingle  or  wooden  roofs  of  any  kind  shall  be  placed 
upon  any  building  hereafter  to  be  constructed,  rebuilt,  or  repaired 
within  the  “fire  limits”  of  the  city,  and  no  such  shingle  or  wooden 
roof  of  any  kind  within  said  fire  limits  shall  be  repaired  further  than 
to  make  good  ordinary  and  natural  deterioration,  nor  enlarged,  nor 
added  to;  but  all  roofs  constructed  within  said  “fire  limits”  shall  be 
constructed  of  iron,  slate  or  other  fire-proof  materials. 

708.  No  person  shall,  within  the  fire  limits,  build  any  stack  of 
hav,  straw,  oats,  or  wheat,  or  corn-fodder,  or  mow  away  any  of  the 
same  in  any  shed  or  sheds  having  one  or  more  of  the  sides  thereof 
open. 

709.  Whenever  any  frame  building  shall  have  become  damaged 
by  fire  or  decay,  the  extent  of  which,  in  the  judgment  of  the  fire  mai- 
shal,  exceeds  fifty  per  cent,  of  the  value  of  such  building,  if  the  owner 
of  such  building  objects  to  the  conclusion  arrived  at  by  said  marshal, 
he  or  they  may  file  with  the  marshal  a  petition  asking  for  the  ap- 


176  : 


OITY  OKI>UANCEB. 


pointment  of. arbitrators  to  determine  the  question  of  damage;  or  if 
the  tire  marshal  should  conclude  that  the  damage  is  less  than  fifty  per 
cent.,  then  and  in  that  case  the  owners  of  adjacent  property  to  such 
damaged  building  may  claim  an  arbitration  to  ascertain  the  damage 
to  such  building;  in  either  case  the  party  asking  for  arbitration  shall 
pay  twelve  dollars  to  the  marshal  on  tiling  his  petition,  which  shall 
be  in  full  of  costs  of  such  arbitration.  The  arbitration  to  consist  of 
three  disinterested  persons,  one  to  be  chosen  by  the  marshal  and  one 
by  the  party  filing  the  petition,  and  the  two  thus  chosen  shall  select 
a  third,  and  the  decision  of  a  majority  of  the  persons  so  selected  shall 
be  final  and  conclusive. 

710.  Arbitrators  selected  to  ascertain  such  extent  of  damages, 
before  entering  upon  their  work,  shall  make  and  subscribe  an  oath 
before  any  officer  authorized  to  administer  oaths,  that  they  will  make 
a  thorough  examination  of  the  premises  damaged  as  aforesaid,  and 
make  a  just  and  true  report  as  to  the  amount  and  extent  of  such  dam¬ 
age,  the  report  to  be  signed  in  duplicate,  the  original  to  be  handed  to 
the  fire  marshal,  the  duplicate  to  be  given  to  the  owner  of  the  premi¬ 
ses  in  question. 

711.  Whenever  such  building  shall  be  adjudged  by  such  arbi¬ 
trators,  to  have  been  damaged  by  fix e,  or  decay,  to  the  extent  of  fifty 
per  cent,  of  its  value,  such  building  shall  be  condemned  by  theffire 
marshal,  and  it  shall  be  unlawful,  as  aforesaid,  to  repair  the  same. 

*  ■  ■  *  • 

712.  Whenever  the  owner,  agent  or  occupant  shall  refuse  or 
neglect,  after  five  days’  notice,  to  petition  for  such  arbitrament,  it 
shall  be  lawful  for  the  fire  marshal  to  declare  such  premises,  as  set 
forth  in  such  notice,  as  having,  in  his  judgment,  been  damaged  by 
fire  or  decay  to  the  extent  of  fifty  per  cent,  of  its  value. 

713.  The  fire  marshal  shall  be  ex-officio  the  inspector  of  build¬ 
ings,  and  shall  do  and  perform  all  acts  and  things  necessary  to  have 
the  provisions  of  this  article  enforced.  He  shall  keep  a  register  of  all 
building  permits  granted,  and  report  the  same  to  the  city  council 
annually.  All  notices  under  the  provisions  of  this  article  may  be 
served  by  the  city  marshal,  his  deputy,  or  any  police  officer. 

714.  Any  person  or  persons,  company,  or  corporation  violating 
or  refusing  to  comply  with  the  provisions  of  this  article  to  which  a 
penalty  is  not  otherwise  provided,  shall  be  liable  to  a  penalty  of  not 
less  than  ten  nor  more  than  one  hundred  dollars;  and  also  shall  be 
liable  to  a  like  additional  penalty  for  every  forty-eight  hours  they 
shall  continue  to  violate  or  refuse  to  comply  with  the  said  provisions 
after  receiving  proper  notice  of  the  same. 

715.  For  the  failure,  neglect,  or  refusal  to  enforce  the  provisions 
of  this  article  the  fire  marshal  shall  be  liable  to  a  penalty  of  not  less 
than  one  nor  more  than  twenty-five  dollars. 


CITY  ORDINANCES. 


177 


Article  XIV. 

GAMING. 

716.  No  person  or  persons  shall  set  up,  keep,  or  maintain,  or 
permit  to  be  set  up,  kept,  or  maintained  in  any  house  or  place  within 
the  corporate  limits,  occupied  or  controlled  by  him  or  them,  any  E.  0., 
A.  B.  0.,  rolly-pooly,  keno,  poker,  or  faro-table,  faro-bank,  roulette, 
or  other  instrument,  device,  or  thing  for  the  purpose  of  gaming,  or 
with  which  money,  liquor,  or  anything  of  value  shall  in  any  manner 
be  played  for,  under  the  penalty  of  not  less  than  one  hundred  dollars 
for  each  and  every  offense. 

717.  No  person  shall  deal,  play,  or  engage  in  taro,  roulette,  or 
any  other  device  or  game  ot  chance,  hazard,  or  address,  either  as 
banker,  dealer,  player,  or  otherwise,  tor  the  purpose  of  gaming,  any¬ 
where  within  the  limits  of  the  city  of  Monmouth,  under  the  penalty 
of  not  less  than  ten  dollars  for  each  and  every  offense. 

718.  It  shall  be  the  duty  of  all  members  of  the  police  force  to 
give  information  to  the  mayor,  of  each  house  or  other  place  within 
the  city,  wherein  such  games  or  devices,  or  tables  or  other  instruments 
or  things  for  the  purpose  of  gaming  are,  or  may  be  set  up,  kept  or 
maintained,  and  said  police  officers  shall  take  all  lawful  means  to  sup¬ 
press  and  prevent  the  playing  at  the  tables,  games  or  devices  aforesaid, 
and  tor  this  purpose,  when  and  as  often  as  any  one  of  them  shall 
have  reasonable  cause  to  suspect  that  any  such  table,  game  or  device 
is  set  up,  kept  or  maintained  as  aforesaid,  he  shall  forthwith  make 
complaint  thereof  before  some  justice  of  the  peace,  and  obtain  a  war¬ 
rant  authorizing  him  to  enter  such  house,  houses,  or  place  or  any 
room  within  the  same;  and  said  police  officer  shall  thereupon  have 
authority  to  demand  entry  therein,  and  any  person  or  persons  who 
shall  refuse  or  neglect  to  open  the  door  or  entrance  to  such  house, 
houses  or  place  or  any  room  within  the  same,  upon  application  of  any 
police  officer  having  such  warrant,  shall  forfeit  and  pay  a  fine  of  not 
less  than  twenty-five  dollars  for  each  and  every  offense. 

719.  No  person  shall  bring  into  the  city  of  Monmouth,  or  have 
in  his,  her  or  their  possession  in  the  said  city,  for  the  purpose  of 
gaming,  any  table,  thing  or  device  of  any  kind  or  nature,  whereon  or 
with  which  money  or  any  other  thing  of  value  may  in  any  manner  be 
played  for,  under  the  penalty  of  not  less  than  twenty-five  dollars  for 
each  and  every  offense. 

720.  It  shall  be  unlawful  for  the  owner  or  tenant  of  any  build¬ 
ing,  room  or  tenement  in  said  city,  to  permit  any  games  prohibited  in 
this  article,  to  be  played  or  carried  on  at,  or  within  any  premises  or 
room,  house  or  tenement  in  his  possession  under  a  penalty  of  not  less 
than  fifty  dollars  for  each  offense,  and  a  like  additional  penalty  for 
every  game  permitted  on  such  premises  after  being  notified  by  any 
police  officer. 

721.  Any  person  who  is  a  frequenter,  visitor,  inmate,  door-keep- 


178 


CITY  ORDINANCES. 


er,  solicitor,  runner,  agent,  abettor  or  pimp  of  or  for  any  house,  store, 
grocery,  hall,  room  or  any  other  place  where  are  kept  any  E.  0.  tables, 
keno  table,  faro  bank,  shuffle  board,  bagatelle,  playing  cards,  pigeon¬ 
holes  or  any  other  instrument,  device  or  thing  used  for  gambling, 
whereon  or  with  which  money,  liquor  or  other  articles  shall  be  played 
for,  shall  for  each  offense  be  fined  in  a  sum  not  less  than  five  dollars 
and  not  exceeding  one  hundred  dollars. 

722.  It  is  hereby  made  the  duty  of  the  city  marshal,  his  deputy, 
and  every  member  of  the  police  force  to  seize  any  table,  instrument, 
device  or  thing  used  for  the  purpose  of  gaming;  and  all  such  tables, 
instruments,  devices  or  things  shall  be  destroyed.  Any  person  or 
persons  obstructing  or  resisting  any  member  of  the  police  force  in 
the  performance  of  any  act  authorized  by  this  section,  shall  be  subject 
to  a  fine  of  not  less  than  ten  dollars  for  each  olfense. 

» 

Article  XV. 

GASOLINE,  NAPTHA,  ETC. 

723.  It  shall  be  unlawful  for  any  person  or  persons,  either  by 
himself  or  themselves,  or  by  another  as  agent,  servant,  clerk,  or  sub¬ 
ordinate,  within  the  fire  limits  of  the  city  of  Monmouth,  to  store  or 
keep  in  store  at  an}^  time  in  any  one  building  or  cellar  more  than  five 
barrels  of  kerosene  or  more  than  one  barrel  of  naptha,  gasoline,  or 
benzine,  except  by  the  consent  of  the  city  council  as  hereinafter  pro¬ 
vided;  and  any  person  or  persons  who  shall  store  or  keep  in  store  any 
or  either  of  the  above  fluids  in  violation  of  the  foregoing  shall  be 
fined  in  any  sum  not  less  than  twenty  nor  more  than  one  hundred 
dollars  for  each  offense;  and  it  is  hereby  made  the  duty  of  the  city 
marshal,  and  all  the  policemen  of  said  city,  to  use  every  effort  on  his 
or  their  part  to  enforce  this  article. 

724.  Benzine,  benzole,  or  naptha,  kept  for  retail,  shall  be  sold 
by  daylight  only,  and  shall  be  kept  in  a  tin  can,  or  other  metal  vessel. 
Kerosene  may  be  retailed  at  night.  In  such  case,  however,  the  cask 
from  which  it  is  drawn  must  be  at  least  ten  feet  from  any  light. 

725.  None  of  the  fluids  or  substances  named,  referred  to  or  con¬ 
templated  in  the  foregoing  section,  shall  be  kept  or  stored  in  front  of 
any  building  or  structure,  or  under  any  street,  alley,  or  sidewalk,  for 
a  longer  period  than  is  sufficient  for  receiving  the  same  for  storage  or 
for  delivery,  such  time  not  to  exceed  six  hours. 

726.  None  of  said  fluids  or  substances  referred  to  in  this  article 
shall  be  stored  or  kept  under  any  sidewalk  in  said  city  unless  the  per¬ 
son  desiring  to  store  the  same  in  such  place  shall  obtain  a  permit  to 
do  so  from  the  city  council. 

.  727.  Any  person  wishing  to  store,  or  to  erect  or  use  a  building 
to  store  more  than  five  barrels  of  said  oils,  or  inflammable  substances 
in  any  one  place,  or  who  shall  wish  to  keep  or  sell  said  oils  or  sub- 


CITY  ORDINANCES. 


179 


stances  different  from  the  manner  allowed  herein  shall  make  applica¬ 
tion  to  the  city  council,  and  in  such  application  shall  state  the  grounds 
or  reason  for  such  application,  and  the  council  shall  take  such  action 
as  it  may  deem  wise  and  prudent. 

728.  Any  person  violating  any  of  the  provisions  of  this  article 
shall,  on  conviction  thereof,  be  fined  in  a  sum  not  exceeding  fifty 
dollars  and  costs  for  each  and  every  offense;  and  every  day  that  any 
of  said  oils  or  substances  are  kept  or  stored  contrary  to  the  provisions 
of  this  article  shall  be  deemed  a  new  and  distinct  offense.  It  is  hereby 
made  the  duty  of  the  city  marshal,  the  fire  marshal  and  all  police 
officers  to  see  that  the  provisions  of  this  article  are  enforced. 

Article  XVI. 

GRADES. 

729.  The  grade  of  the  public  square  of  the  city  of  Monmouth 
is  hereby  established  on  a  grade  indicated  by  large  stones  as  follows, 
to-wit:  One  in  the  center  of  the  square  with  a  cross  cut  on  the  top  of 
the  same,  the  center  ot  the  cross  being  the  exact  center  of  the  square, 
and  the  top  of  said  stone  being  a  bench  mark  for  the  grade  of  the 
public  square,  and  for  all  sewers  on  and  from  the  same;  also  one  in 
each  corner  of  the  square  sixteen  feet  each  way  from  the  outer  line 
of  the  square;  also  one  in  the  center  of  each  street  leading  from  the 
square,  with  a  slot  on  the  top,  the  slot  on  each  stone  indicating  the 
center  of  the  street,  and  the  outer  edge  of  each  stone  indicating  the 
outer  line  of  the  square. 

730.  The  sidewalks  of  the  public  square  shall  be  sixteen  feet 
wide  and  be  not  more  than  twelve  inches  above  the  established  grade 
of  the  square;  and  the  sidewalks  upon  the  streets  leading  therefrom 
shall  begin  on  a  level  with  the  sidewalks  of  the  square,  and  shall  not 
ascend  or  descend  more  than  six  inches  in  fifteen  feet  in  any  direction. 

731.  The  grade  of  the  sidewalks  on  South  Main  street  from 
Warren  street  south  to  South  street,  shall  begin  on  a  level  with  the 
grades  of  the  sidewalks  at  the  northeast  and  northwest  corners  of 
Main  and  Warren  streets,  and  continue  thence  to  South  street  on  an 
ascending  grade  of  thirty-five  one-hundredths  (35-100)  of  a  foot  in 
every  fifty  (50)  feet. 

732.  The  grade  of  the  sidewalks  on  East  Broadway,  from  the 
public  square  east  to  Water  street,  shall  begin  at  a  point  eleven  (11) 
inches  above  the  top  of  the  stone  set  as  a  bench  mark  in  the  center  of 
East  Broadway  at  its  intersection  with  the  public  square,  and  con¬ 
tinue  thence  to  Water  street  on  a  descending  grade  of  eight  (8)  inches 
to  every  one  hundred  (100)  feet,  thence  east  on  the  north  side  of 
Broadway  in  front  of  block  thirteen  (13)  on  a  descending  grade  sev¬ 
enty-eight  one-hundredths  (78-100)  ot  a  foot  in  every  fifty  (50)  feet, 
thence  east  to  where  the  slough  crosses  the  south  line  of  block  fifteen 


180 


CITY  ORDINANCES. 


(15)  on.  a  descending  grade  of  one  and  seventy-five  one-liundredths 
(1  75-100)  of  a  foot  in  every  fifty  (50)  feet,  thence  east  to  the  corner 
of  Broadway  and  Spring  streets  on  an  ascending  grade  of  seventy- 
eight  one-hundredths  (78-100)  of  a  foot  in  every  fifty  (50)  teet. 

733.  The  grade  of  the  sidewalk  on  the  south  side  of  Broadway, 
in  front  of  block  seventeen  (17),  old  town  plat,  shall  begin  at  the 
southwest  corner  of  Broadway  and  Spring  streets  on  a  level  with  the 
sidewalks  at  northwest  corner  of  said  streets,  and  continue  thence 
west  to  where  the  slough  crosses  the  north  line  of  said  block  seven¬ 
teen  (17)  on  a  descending  grade  of  ninety  one-hundredths  (90-100)  of 
a  foot  in  every  fifty  (50)  feet,  thence  west  on  an  ascending  grade  of 
one  and  seventy-five  one-hundredths  (1  75-100)  of  a  foot  in  every  fifty 
(50)  feet. 

734.  The  grade  of  the  sidewalks  on  Market  Alley  shall  com¬ 
mence  seven  (7)  inches  above  the  top  of  the  stone  set  as  a  bench  mark 
in  the  southeast  corner  of  the  public  square,  and  continue  thence  to 
East  street  on  such  a  uniformly  descending  grade  as  will  cause  them 
to  intersect  said  East  street  at  a  point  eight  (8)  inches  below  the 
place  of  beginning. 

735.  The  grade  of  the  sidewalk  on  the  east  side  of  Water  street 
from  Broadway  south  to  Warren  street,  shall  begin  on  a  level  with 
the  sidewalk  on  Broadway,  at  the  intersection  of  Broadway  and  Water 
street,  and  continue  thence  south  to  Garden  street  on  a  descending 
grade  of  two  and  thirty  one-hundreths  (2  30-100  feet  in  ever}7  fifty 
(50)  feet;  thence  south  on  a  level  grade  ta  where  the  slough  crosses 
the  east  line  of  block  twenty -six  (26);  thence  south  to  Warren  street 
on  such  a  uniformly  ascending  grade  as  will  cause  it  to  intersect 
Warren  street  at  a  point  three  (3)  feet  above  the  level  of  the  sidewalk 
at  the  crossing  of  said  slough. 

736.  The  grade  of  the  sidewalk  on  the  north  side  of  Garden 
street  in  front  of  block  nineteen  (19),  old  town  plat,  shall  begin  on  a 
level  with  the  sidewalk  on  Water  street  at  the  southeast  corner  of 
said  block  nineteen  (19),  and  continue  thence  west  to  East  street  on 
an  ascending  grade  of  two  (2)  feet  in  every  fifty  (50)  feet. 

737.  The  grade  of  the  sidewalks  on  West  Avenue,  from  its  inter¬ 
section  with  Broadway  south  to  South  street,  shall  commence  on  a 
level  with  the  sidewalk  on  the  south  side  of’  West  Broadway,  and 
continue  thence  to  South  street,  on  an  ascending  grade  of  three- 
tenths  (3-10)  of  a  foot  to  every  fifty  (50)  feet. 

738.  Nothing  herein  contained  shall  be  construed  to  confer  any 
power  on  any  party,  person,  or  firm  to  fill  streets  or  raise  the  grade  of 
sidewalks  in  front  of  their  own  or  any  other  premises,  until  such 
streets  have  by  the  city  council  been  ordered  filled  to  grade;  the  true 
intent  and  meaning  of  this  article  being  to  fix  and  determine  the 


CITY  ORDINANCES.  181 

grade  for  streets  or  portions  of  streets  to  which  it  refers,  but  not  to 
order  them  or  any  of  them  filled  up  to  the  grade. 

Article  XVII. 

GUNPOWDER. 

739.  No  person,  firm  or  corporation,  shp.ll  have  or  keep  at  his, 
their,  or  its  place  of  business,  or  elsewhere  within  the  city,  or  within 
one  mile  of  the  limits  thereof,  a  greater  quantity  of  gunpowder  or 
gun-cotton  than  fifty  pounds  at  one  time,  and  the  same  shall  then  be 
kept  in  tin  canisters,  or  cases,  containing  not  to  exceed  thirty  pounds 
each,  and  in  a  situation  remote  from  fires,  lighted  lamps,  candles,  gas 
or  other  inflammable  matter,  from  which  the  same  may  be  easily  re¬ 
moved  in  cases  of  fire. 

740  No  person  shall  sell  or  weigh  any  gunpowder  or  gun-cot¬ 
ton  after  the  lighting  of  lamps  in  the  evening  unless  in  sealed  canis¬ 
ters  or  cases. 

Article  XVII I. 

HEALTH. 

741.  No  person  shall  permit  or  have  any  offensive  water  or  other 
liquid  or  substance  on  his  premises  or  grounds  to  the  prejudice  of  life 
or  health,  whether  for  use  in 'any  trade  or  otherwise. 

742.  No  person  shall  draw  off  or  allow  to  run  off  into  any 
ground,  street,  or  place  in  said  city,  the  contents  (or  any  part  thereof) 
of  any  vault,  privy,  cesspool,  or  sink;  nor  shall  any  owner,  tenant* or 
occupant  of  any  building  to  which  any  vault,  sink,  privy,  or  cesspool 
shall  appertain  or  be  attached,  permit  the  contents  or  an}^  part  thereof 
to  flow  therefrom,  or  to  rise  within  two  feet  of  any  part  of  the  top,  or 
said  contents  to  become  offensive;  and  when  coshered  with  dirt  shall 
be  covered  with  at  least  two  feet,  of  the  same. 

743.  No  person  shall  throw  into  or  deposit  in  any  vault,  sink, 
privy,  or  cesspool  any  offal,  meat,  fish,  garbage,  or  other  substance, 
except  that  of  which  any  such  place  is  the  appropriate  receptacle; 
nor  shall  any  slops  or  kitchen  waste  be  permitted  to  run  into  any 
privy  or  cesspool. 

744.  Neither  the  contents  of  an)^  receptacle,  cesspool,  privy, 
vault,  sink,  or  water-closet,  cistern,  nor  anything  in  any  room,  exca¬ 
vation,  vat,  building,  premises  or  place,  shall  be  allowed  to  become  a 
nuisance  or  offensive  so  as  to  be  dangerous  or  prejudicial  to  health. 

745.  No  person  shall  deposit  upon  any  street  or  public  place 
within  the  limits  of  the  city  of  Monmouth,  or  upon  any  paved  street, 
any  dirt  or  brick  or  other  material  or  dirt  taken  from  any  ground 
therein  in  such  manner  as  to  obstruct  the  free  flowage  along  any 
gutter. 


182 


CITY  ORDINANCES. 


746.  No  part  ot  the  contents  of,  or  substances  from  any  sink, 
privy,  or  cesspool,  nor  any  refuse  or  waste,  or  thing  which  by  its  de¬ 
composition,  could,  or  would  become  offensive  to  human  beings,  or 
detrimental  to  the  health,  or  create,  or  tend  to  create  a  nuisance,  shall 
be  by  any  person  thrown,  deposited  or  placed  upon  any  street  or  pub¬ 
lic  place,  nor  upon  any  vacant  lot  of  land  or  vacant  place  upon  the 
surface  of  any  lot  of  land  in  the  eity^  of  Monmouth,  whether  such 
lot  be  inclosed  or  otherwise,  without  the  written  permission  of  the 
health  officer,  nor  shall  any  of  said  substances  be  allowed  by  any  per¬ 
son  to  run  or  drop  from  the  premises  occupied  by  such  person,  into 
or  upon  any  street  or  public  place,  nor  upon  any  vacant  lot  of  land, 
or  vacant  place  upon  the  surface  of  any  lot  of  land  in  said  city. 

747.  Any  person  who  shall  hereafter  construct,  or  cause  to  be 
constructed,  any  privy  or  privy  vault  in  the  city,  shall  place  the  same 
so  that  it  shall  be  distant,  at  least  two  feet  from  the  line  of  the  ad¬ 
joining  lot,  (unless  the  owner  of  the  adjoining  lot  shall  agree  that  it 
be  placed  nearer)  and  the  same  distance  from  the  line  ot  any  alley, 
nor  upon  or  across  any  running  stream  of  water  within  said  city. 
Such  privy  vaults  shall  be  not  less  than  four  feet  in  depth,  and  shall 
be  securely  and  substantially  walled.  All  privy  vaults  shall  be  so 
constructed  as  to  be  easily  cleaned. 

748.  When  any  noxious  or  offensive  odors  are  emitted  from  any 
privy,  which  may  affect  the  health  or  the  comfort  of  the  neighbor¬ 
hood,  it  shall  be  the  duty  ot  the  owner,  his  agent,  or  the  occupant  of 
the  premises,  to  disinfect  said  privy  without  delay,  and  to  cleanse  it,  so 
as  to  prevent  a  recurrence  of  such  odors.  The  marshal  or  the  health 
officer  of  the  city,  may,  upon  complaint  being  made  to  him,  order  the 
owner,  his  agent,  or  the  tenant,  to  disinfect  and  cleanse  the  said  privy 
forthwith.  If  such  order  is  not  complied  with  within  twenty- four 
hours,  the  officer  shall  proceed  to  have  the  said  privy  disinfected  or 
cleaned,  and  the  owner,  or  the  tenant,  or  both,  when  the  order  has 
been  given  to  both,  shall  be  liable  for  all  the  expenses  thereby  incur¬ 
red,  and  a  civil  action  may  be  instituted  for  the  recovery  of  such  ex¬ 
penses.  In  addition  thereto,  such  person  or  persons  shall  be  liable  to 
a  fine  for  a  violation  of  this  ordinance. 

749.  No  meat,  fish,  birds  or  fowl,  or  vegetables,  nor  any  milk, 
not  being  then  heal ty,  fresh,  sound,  wholesome  and  safe  for  human 
food,  nor  any  meat  or  fish  that  died  by  disease  or  accident,  shall  be 
brought  within  said  city,  or  offered  or  held  for  sale  in  any  public  or 
private  market  as  such  food  anywhere  in  said  city. 

. 750.  No  calf,  pig  or  lamb,  or  the  meat  thereof,  shall  be  brought, 

held,  or  offered  for  sale  as  food  in  said  city,  which  at  the  date  of  its 
death  (being  a  calf)  was  less  than  eight  weeks  old;  or  (being  a  pig) 
was  when  killed  less  than  five  weeks  old;  or  (being  a  lamb)  was  when 
killed  less  than  eight  weeks. 


CITY  ORDINANCES. 


183 


751.  No  cattle  shall  be  killed  for  human  food  while  in  an  over¬ 
heated,  feverish,  or  diseased  condition;  nor  shall  any  decayed  or  un¬ 
wholesome  vegetables  be  brought  into  said  city  to  be  consumed  or 
offered  for  sale  for  human  food,  nor  shall  any  such  articles  be  kept  or 
stored  therein. 

752.  No  cased,  blown,  plaited,  impure,  or  unhealthy  or  unwhole¬ 
some  meat  or  fish,  bird,  or  fowl  shall  be  held,  bought,  or  sold  or  offered 
for  sale  for  human  food,  or  held  or  kept  in  any  market,  public  or  pri¬ 
vate.  or  any  public  place  in  said  city. 

753.  No  meat,  fish,  vegetables,  or  milk,  or  unwholesome  liquid 
shall  knowingly  be  bought,  sold,  held,  offered  tor  sale,  labelled,  or  any 
representation  made  in  any  respect  thereof  under  a  false  name  or 
quality,  or  being  what  the  same  is  not  as  respects  wholesomeness, 
soundness,  or  safety  for  food  or  drink. 

754.  No  person  shall  have  at  any  place  where  milk,  butter,  or 
cheese  is  kept  for  sale,  nor  shall  at  any  place  sell  or  deliver  or  offer  or 
have  for  sale  or  keep  for  use,  nor  shall  any  person  bring  or  send  to 
said  city  any  unwholesome,  skimmed,  watered,  or  adulterated  milk,  or 
milk  known  as  “swill  milk,”  or  milk  from  cows  or  other  animals 
that  for  the  most  part  have  been  kept  in  stables  or  that  have  been  fed 
on  swill,  or  milk  from  sick  or  diseased  cows  or  other  animals,  or  any 
butter  or  cheese  made  from  any  such  milk  or  any  unwholesome  butter 
or  cheese. 

755.  No  cattle  shall  be  kept  in  any  place  of  which  the  water, 
ventilation  and  food  are  not  sufficient  and  wholesome  for  the  preser¬ 
vation  of  their  health,  safe  condition  and  wholesomeness  of  food. 

756.  Every  person  shall  cause  every  stable  and  place  where  any 
cows,  horses,  or  other  animals  may  be  kept  by  them,  to  be  kept  at  all 
times  in  clean  and  wholesome  condition,  and  shall  not  allow  any  ani¬ 
mal  to  be  therein  while  infected  with  any  disease,  contagious  or  pes 
tilential  among  such  animals,  without  a  permit  from  the  health  officer. 

757.  The  slaughtering  of  cattle  shall  not  be  permitted  or  con¬ 
ducted  at  any  place  in  the  city  of  Monmouth  without  a  special  permit 
from  the  city  council. 

758.  No  person  shall  hereafter  erect,  start,  or  establish  in  said 
city,  without  the  consent  of  the  city  council,  any  manufactory  or 
place  of  business  for  boiling  any  varnish  or  oil,  or  for  the  distilling 
of  any  ardent  or  alcoholic  spirits,  or  for  making  any  lampblack,  tur¬ 
pentine  or  tar,  or  for  conducting  any  other  business  that  will  or  does 
generate  any  unwholesome,  offensive,  or  deleterious  gas,  smoke,  deposit 
or  exhalation,  or  any  business  that  is  or  would  be  dangerous  to  lile  or 
detrimental  to  health. 

759.  No  person  shall  leave  in  or  throw  into  any  place  or  street 


184 


CITY  OKD1NA.NC.KS. 


or  public  water,  or  offensively  expose  or  bur}"  the  body  (or  any  part 
thereof)  of  any  dead  or  fatally  sick  or  injured  animal;  nor  shall  any 
person  keep  any  dead  animal,  or  any  offensive  meat,  bird,  fowl  or  lish 
in  a  place  where  the  same  maj  be  dangerous  to  the  life,  or  detrimen¬ 
tal  to  the  health  of  any  person. 

760.  Any  person  having  a  dead  animal  or  an  animal  past  re¬ 
covery,  and  not  killed  for  and  proper  for  use  as  meat  or  fish,  or  in  an 
offensive  condition,  or  sick  with  an  infectious  or  contagious  disease 
on  his  premises  in  said  city,  and  every  person  whose  animal,  or  any 
animal  in  his  charge  or  under  his  control  in  any  street  or  place,  may 
die  or  become  or  be  in  a  condition  past  recovery,  shall  at  once  remove 
or  cause  the  removal  of  such  animal,  dead  or  alive,  to  some  proper 
place;  and  when  such  place  may  be  designated  by  the  city  council,  to 
the  place  so  designated. 

761.  Every  person  having  within  his  possession  or  control  or 
upon  any  premises  occupied  or  owned  by  him,  any  dead  animal  not 
proper  for  food  and  liable  to  become  noxious  and  detrimental  to 
health,  shall  at  once  give  notice  thereof  to  the  city  marshal,  and  such 
officer  shall  at  once  cause  notice  thereof  to  be  given  to  the  depart¬ 
ment  of  health. 

762.  No  person  shall  take,  carry,  expose,  or  place  or  induce  any 
other  person  so  to  do,  in  or  upon  any  street  or  public  place  any  sub¬ 
stance,  animal  or  thing  which  may  imperil  the  health  of  any  person 
who  is  or  may  properly  be  in  such  street  or  place. 

763.  No  person  owning  or  occupying  any  building  or  premises 
shall  use  the  same,  or  permit  the  use  of  the  same,  or  rent  the  same  to 
be  used  for  any  business  or  employment,  or  for  any  purpose  of  pleasure 
or  recreation,  if  such  use  shall,  from  its  boisterous  nature,  disturb  or 
destroy  the  peace  of  the  neighborhood  in  which  such  building  or 
premises  are  situated,  or  be  dangerous  or  detrimental  to  health. 

764.  No  person  shall  bring  into  the  city,  or  keep  therein  for  sale 
or  otherwise,  either  for  food  or  for  any  other  purpose  or  purposes 
whatever,  any  animal,  dead  or  alive,  matter,  substance  or  things 
which  shall  be  or  which  shall  occasion  a  nuisance  in  said  city,  or 
which  may  or  shall  be  dangerous  or  detrimental  to  health. 

765.  No  building,  vehicle,  structure,  receptacle  or  thing  used  or 
to  be  used  for  any  purpose  whatever,  shall  be  made,  used,  kept,  main¬ 
tained  or  operated  in  the  city,  if  the  use,  keeping,  maintaining  or 
operating  of  such  building,  vehicle,  structure,  receptacle  or  thing 
shall  be  the  occasion  of  any  nuisance,  or  dangerous  or  detrimental  to 
health. 

766.  No  substance,  matter  or  thing  of  any  kind  whatever, 
which  shall  be  dangerous  or  detrimental  to  health,  shall  be  permitted 
to  exist  in  connection  with  any  permitted  business,  or  be  used  there- 


CLTY  ORDINANCES. 


185 


0 

in  or  to  exist  in  connection  therewith,  or  be  used  in  any  work  or  labor 
carried  on  or  prosecuted  in  the  city,  and  no  nuisance  shall  be  per¬ 
mitted  to  exist  in  connection  with  any  such  work  or  labor. 

767.  Any  person  who  violates,  disobeys,  omits,  neglects  or 
refuses  to  comply  with,  or  who  resists  any  of  the  provisions  of  this 
article,  or  who  refuses  or  neglects  to  obey  any  of  the  rules,  orders,  or 
sanitary  regulations  of  the  department  of  health,  or  who  omits,  neg¬ 
lects,  or  refuses  to  comply  with,  or  who  resists  any  officer  or  order  or 
special  regulation  of  said  department  of  health  shall,  upon  conviction, 
be  subject  to  a  fine  of  not  exceeding  two  hundred  dollars,  nor  less 
than  two  dollars  for  each  offense. 

Article  XIX. 

HORSES. 

768.  No  person  shall  ride  or  drive  any  horse  or  horses  or  other 
animal  along  or  through  any  street  within  the  limits  of  the  city,  at 
an  unreasonable  rate  of  speed,  nor  so  as  to  endanger  the  safety  of  any 
person;  and  for  each  and  every  violation  of  any  of  the  provisions  of 
this  section  any  person  shall  be  liable  to  a  penalty  of  not  less  than 
three  nor  more  than  twenty-five  dollars. 

769.  No  person  upon  turning  the  corner  of  any  street  or  cross¬ 
ing  the  intersection  of  any  street  in  the  city  of  Monmouth,  shall  ride 
or  drive  any  horse  or  horses  or  other  animal  with  greater  speed  than 
at  the  rate  of  four  miles  an  hour,  under  the  penalty  of  five  dollars  for 
each  offense. 

770.  No  horse  shall  be  suffered  or  permitted  to  go  loose  or  at 
large  in  any  of  the  streets  in  the  city  of  Monmouth  under  the  penalty 
of  two  dollars  for  every  such  offense,  to  be  paid  by  the  owner  or  per¬ 
son  having  the  care,  charge,  or  keeping  thereof  severally  and 
respectively. 

771.  No  person  shall  suffer  or  permit  to  go,  or  lead,  or  ride  or 
drive  any  horse  upon  an}7  sidewalk  in  the  city  of  Monmouth  under 
the  penalty  of  two  dollars  for  each  offense,  to  be  paid  by  the  owner 
or  person  having  the  care,  charge,  or  keeping  thereof  severally  and 
respectively. 

772.  No  person  shall  run  or  race  any  horse  in  any  public  street, 
road,  or  avenue  in  the  city  of  Monmouth,  nor  shall  consent  to  or 
suffer  such  racing  under  the  penalty  of  ten  dollars,  to  be  recovered 
from  the  person  or  persons  who  shall  so  race,  or  suffer  or  permit  such 
racing,  and  the  owner,  rider  and  the  person  having  charge  of  any 
animal  which  shall  so  race  and  run  severally  and  respectively. 

773.  The  last  preceding  section  of  this  article  shall  be  construed 
to  prevent  and  punish  the  running,  racing,  or  trotting  of  any  horse 

i0*rLm\ 

A  /  .  ,  *  . 


186 


CITY  ORDINANCES. 


or  horses  for  any  trial  of  speed,  or  for  the  purpose  of  passing  any 
other  horse  or  horses,  whether  the  same  be  founded  upon  any  stake, 
bet,  or  otherwise. 

774.  No  person  shall  drive  any  horse  before  a  sleigh  through 
any  of  the  public  streets  or  avenues  of  this  city,  unless  there  shall  be 
a  sufficient  number  of  bells  attached  to  the  harness  of  such  horse  and 
sleigh  to  warn  persons  of  his  approach,  under  the  penalty  of  two 
dollars  for  each  offense,  to  be  paid  b}r  the  driver,  owner,  or  person  hav¬ 
ing  the  care,  charge,  or  keeping  thereof  severally  and  respectively. 

775.  No  person  shall  leave  any  horse,  horses,  or  other  animal 
attached  to  any  carriage,  wagon,  cart,  sleigh,  sled,  or  other  vehicle  in 
any  part  of  the  streets,  avenues,  alleys,  or  lanes  of  this  city  without 
securely  fastening  such  horse,  horses,  or  other  animal,  under  a  penalty 
for  each  offense  of  not  less  than  two  dollars. 

776.  No  person  shall  keep,  retain,  or  allow  or  employ  to  be  kept 
or  retained  at  any  place  within  the  city,  any  horse,  ass,  or  colt  having 
the  disease  known  as  glanders  or  farcy. 

777.  Any  person  violating  any  of  the  provisions  of  this  article, 
for  which  no  penalty  is  otherwise  provided,  shall  be  liable  to  a  penalty 
of  not  less  than  three  nor  more  than  fifty  dollars  for  each  offense. 

Article  XX. 


ICE. 

778.  No  person  shall  sell  or  offer  or  expose  for  sale  any  impure 
ice  within  the  limits  of  the  city;  and  all  ice  sold,  offered,  or  exposed 
for  sale  shall  be  sold  by  avoirdupois  weight,  except  in  such  cases  where 
it  may  be  otherwise  agreed  upon  between  the  buyer  and  the  seller. 

779.  All  sellers  of  ice  at  the  time  of  the  delivery  thereof  shall 
be  provided  with  a  suitable  steelyard,  balance,  or  other  apparatus  for 
weighing,  duly  adjusted  and  sealed  by  the  sealer  of  weights  and  meas¬ 
ures,  with  which  to  weigh  the  quantity  of  ice  sold,  if  required  by  the 
buyer. 

780.  It  shall  not  be  lawful  for  the  owner  or  driver  of  any  wagon 
used  for  the  sale  of  ice  in  any  of  the  streets,  avenues,  or  public  places 
in  the  city  of  Monmouth  to  permit  or  allow  the  scale,  balance,  steel¬ 
yard.  or  other  apparatus  thereon,  or  the  beam  to  which  it  may  be 
attached,  or  other  implements  for  handling  ice,  to  project  or  hang 
outside  or  beyond  the  side  or  end  of  such  wagon  when  in  motion. 

781.  Any  person  violating  any  provision  of  this  article  shall  be 
subject  to  the  penalty  of  not  less  than  five  dollars  for  each  offense. 


CITY  ORDINANCES. 


187 


Article  XXL 

JUSTICES  OF  THE  PEACE. 

782.  The  several  justices  of  the  peace  of  the  city  of  Monmouth 
shall  .keep  a  full  and  complete  docket  of  all  city  cases  commenced, 
tried  and  disposed  of  before  them,  as  well  as  all  city  cases  which  may 
come  before  them  by  a  change  of  venue  from  police  courts  or  other¬ 
wise,  and  note  upon  said  docket  so  kept  what  disposition  is  made  as 
to  hues  and  forfeitures,  or  steps  taken  in  each  and  every  case. 

783.  The  said  several  justices  of  the  peace  shall  make,  as  often 
as  required,  not  less  than  thrice  in  each  year,  upon  blanks  to  be 
furnished  them,  reports  to  the  city  clerk,  of  all  cases,  fines  and  for¬ 
feitures  for  the  violation  of  ordinances  imposed,  collected  and  paid  to 
them,  or  execution  issued  during  said  month  with  the  name  of  the 
defendant,  number  of  the  execution,  amount  of  the  fine,  fees  and  for¬ 
feitures  collected,  or  otherwise  disposed  of. 

78L  The  said  several  justices  ot  the  peace  at  the  date  of  making 
their  said  report  to  the  city  clerk  as  directed,  shall  pay  into  the  city 
treasury  all  tines  and  forfeitures  for  the  violation  of  city  ordinances 
when  collected,  and  all  other  moneys  collected  by  them  for  the  use  of 
the  city,  save  and  exccept  their  proper  costs  and  charges. 

Article  XXIL 

LAMPS. 

785.  No  person,  unless  authorized  by  the  respective  contractors 
for  lighting  the  streets,  shall  at  any  time  light  or  extinguish  or  cause 
to  be  lighted  or  extinguished  any  public  lamp  which  such  contractor 
is  or  shall  be  required  to  light,  under  contract  made  with  the  city, 
under  the  penal ty  of  five  dollars  for  each  offense;  and  any  and  every 
such  contractor  shall  be  liable  to  a  like  fine  of  two  dollars  for  willful¬ 
ly  neglecting  to  light  any  lamp  according  to  contract. 

786.  Any  person  who  shall  carelessly  or  maliciously  break,  de¬ 
face  or  in  any  way  injure  or  destroy  au}^  public  lamp  or  lamp  post  in 
this  city,  or  climb  upon,  or  hitch  any  horse  or  other  animal  to  any 
public  lamp  post,  or  hang  or  place  any  goods  or  merchandise  thereon, 
or  place  any  goods,  boxes,  wood  or  any  other  heavy  material  upon  or 
against  the  same,  shall  be  liable  to  a  penalty  ot  five  dollars  for  each 
offense. 

Article  XXIII. 

LICENSES. 

787.  All  licenses  issued  by  virtue  of  this  or  any  other  ordinance 
shall  be  made  out  by  the  city  clerk,  and  signed  by  him  and  the  mayor 
under  the  seal  of  the  city,  and  countersigned  by  the  city  treasurer; 
upon  such  treasurer  receiving  from  the  applicant  the  amount  to  be 
paid  for  such  licenses,  and  the  clerk  shall  charge  the  amount  thereof 
to  the  city  treasurer. 


188 


CITY  ORDINANCES. 


788.  All  licenses  shall  be  subject  to  the  ordinances  and  regula¬ 
tions  which  may  be  in  force  at  the  time  of  issuing  thereof,  or  which 
may  subsequently  be  made  by  the  city  council;  and  if  any  person  so 
licensed  shall  violate  any  of  the  provisions  aforesaid  he  shall  be  liable 
to  be  proceeded  against  for  any  fine  or  penalty  imposed  thereby,  and 
his  license  may  be  revoked  in  the  discretion  of  the  mayor  of  city 
council. 

789.  No  license  granted  under  this  ordinance  shall  be  assignable  or 
transferable,  without  the  consent  of  the  city  council,  nor  shall  any 
license  authorize  any  person  to  do  business  or  act  under  it  but  the 
person  named  therein,  except  as  is  in  this  ordinance  otherwise 
provided. 

790.  No  license  shall  be  granted  for  a  longer  period  than  one 
year,  and  every  license  shall  expire  on  the  first  day  of  April  next  fol¬ 
lowing.  Every  license  shall  be  signed  by  the  mayor  and  counter¬ 
signed  by  the  clerk  under  the  corporate  seal. 

791.  In  all  cases,  where  it  it  is  not  otherwise  expressly  provided, 
the  mayor  shall  have  power  to  hear  and  grant  applications  for  licenses 
upon  the  terms  specified  by  this  ordinance;  and  all  licenses  shall  be 
issued  to  such  person  or  persons  as  shall  comply  in  all  respects  with 
the  provisions  of  this  ordinance,  and  as  the  mayor  in  his  discretion 
shall  deem  suitable  and  proper  persons  to  be  licensed. 

792.  The  city  treasurer  shall  receipt  for  all  moneys  for  any 
licenses  that  may  be  granted  under  the  authority  of  said  city  upon 
any  account  whatever;  his  receipt  shall  be  a  discharge  to  the  person 
to  whom  given,  to  the  extent  and  purport  thereof,  but  no  person  shall 
be  deemed  to  be  licensed  in  any  case  until  the  issuing  of  the  license 
in  due  form  as  herein  required. 

793.  Whenever  it  shall  appear  from  the  license  register  kept  by 
the  clerk,  or  the  books  of  the  treasurer,  that  any  person  holding  any 
license  or  permit  of  any  kind  or  privilege  granted  by  the  city,  has 
failed  to  pay  the  amount  due  thereon  or  other  kind  of  penalty,  license, 
fine,  debt,  or  liability  whatever,  the  clerk  or  treasurer,  as  the  case  may 
be,  shall  report  the  fact  to  the  mayor,  whose  duty  it  shall  be  promptly 
to  revoke  said  license,  permit,  or  privilege. 

Article  XXIV. 

LICENSED  GAMES. 

794.  No  person  or  persons  *hall  setup,  keep,  or  cause  to  be  kept 
by  his  or  their  agent  or  servant  any  shooting  gallery,  nine-pin,  ten¬ 
pin,  or  other  bowling  alley,  billiard,  bagatelle,  pool,  or  other  kind  of 
table  or  place  whatever,  on  or  at  which  games  of  skill  or  chance  are 
played,  and  for  the  use  of  which,  or  privilege  of  playing  thereon  or 


CITY  ORDINANCES. 


189 


thereat,  any  money  or  its  equivalent  shall  be  required,  paid,  or  received, 
without  first  obtaining  a  license  therefor  in  accordance  with  the  pro¬ 
visions  of  this  article. 

795.  All  applications  for  any  license  provided  for  by  this  article 
shall  be  made  to  the  council.  Such  application  shall  give  the  name 
of  the  applicant,  the  kind  of  license  desired,  and  shall  specify  partic¬ 
ularly  the  place  where  the  thing,  for  which  license  is  asked,  is  to  be 
kept  and  used.  The  city  council  may  grant  or  reject  the  application 
in  its  discretion. 

796.  If  the  council  grant  the  application  so  made  to  it  the  appli¬ 
cant  for  such  license  shall  thereupon  pay  to  the  city  treasurer  the  sum 
required  for  such  license,  who  shall  give  a  duplicate  receipt  therefor, 
one  of  which  receipts  shall  be  presented  to  the  mayor,  who  shall 
thereupon  direct  a  license  to  issue  to  the  party.  Such  license  shall 
give  the  name  of  the  party  to  whom,  and  the  purpose  for  which  it  is 
granted,  the  time  of  its  continuance,  and  a  particular  description  of 
the  place  where  the  thing  licensed  is  to  be  kept  or  used.  In  all  these 
particulars  the  license  shall  correspond  with  the  application  for  such 
license.  Such  license  shall  not  be  assigned,  nor  shall  the  place  where 
if  is  to  be  operated  be  changed,  without  the  assent  of  the  council. 

797.  The  fee  for  the  license  required  in  section  794  shall  be  as 
follows: 

For  each  billiard  table  twenty  dollars  for  one  year;  for  six  months 
fifteen  dollars;  and  no  license  for  billiard  tables  shall  issue  for  a 
shorter  period  than  six  months.  And  for  the  purposes  of  this  article 
every  pool  or  bagatelle  table  shall  be  deemed  a  billiard  table.  For 
each  shooting  gallery,  or  bowling  alley,  the  license  fee  shall  be  fifty- 
two  dollars  per  year,  and  at  the  same  rate  for  any  shorter  period,  not 
less  than  one  month,  provided  that  licenses  for  one  week  shall  not  be 
granted  tor  less  than  two  dollars,  nor  for  one  day  for  less  than  one 
dollar,  and  the  owners  or  keepers  of  any  place  where  any  games  of 
chance  or  skill  are  pla}red  for  gain  or  hire,  and  which  is  not  enumer¬ 
ated  herein,  shall  pay  an  annual  license  of  twenty-five  dollars,  or  for 
a  shorter  period  at  the  rate  of  two  dollars  per  day;  but  this  provision 
shall  not  be  construed  as  authorizing  the  playing  of  any  game  of 
chance  or  skill  for  any  purpose  which  is  forbidden  by  the  laws  of  the 
state  of  Illinois. 

798.  It  shall  be  unlawful  for  any  keeper  of  any  billiard  room  or 
place  where  any  pool,  bagatelle,  or  billiard  table  is  kept  for  the  pur¬ 
poses  described  in  section  794,  his  agent  or  servant  to  permit  any  per¬ 
son  or  persons  under  the  age  of  eighteen  years  to  play  upon  or  at  any 
such  tables,  or  to  frequent,  lounge  in  or  about,  or  be  in  any  such  bil¬ 
liard  rooms,  and  any  such  keeper  or  owner,  his  agent  or  servant  guilty 
of  a  violation  of  this  section  shall,  for  each  offense,  be  liable  to  a  fine 
of  not  less  than  ten  nor  more  than  one  hundred  dollars. 

799.  Any  such  keeper  or  owTner  of  any  such  billiard  room  or 


190 


CITY  ORDINANCES. 


place  who  shall  suffer  or  permit  any  drunken  or  intoxicate  1  person  or 
persons  to  frequent  or  be  in  such  billiard  room,  or  permit  any  such 
person  or  persons  to  play  at  or  upon  any  tables  within  such  room,  or 
shall  suiter  or  permit  any  loud  or  unseemly  noises  or  disturbance  of 
the  peace,  or  any  riots,  routs,  fights,  quarrels,  or  affrays  within  such 
place,  shall  be  guilty  of  a  violation  of  this  article,  and  shall  for  each 
offense  be  liable  to  a  penalty  of  not  less  than  five  nor  more  than  fifty 
dollars;  and  it  shall  be  the  duty  of  such  keeper  or  owner,  his  agent  or 
servant  in  charge  of  such  room  immediately  upon  any  disturbance  in 
such  room  to  notify  the  city  marshal  or  some  police  officer  and  take 
prompt  measures  to  secure  the  arrest  and  conviction  of  any  such  per¬ 
son  or  persons  committing  an}'  such  disturbance  or  engaging  in  any 
riot,  routs,  quarrel  or  fight,  or  any  person  or  persons  who  may  enter 
such  place  in  a  drunken  or  intoxicated  condition,  and  any  such  keeper 
or  owner  of  such  billiard  room,  his  agent  or  servant,  who  shall  refuse 
or  tail  to  comply  with  any  of  the  foregoing  provisions  shall  be  liable 
to  a  penalty  of  not  less  than  five  nor  more  than  ten  dollars  for  each 
offense.  ,  , 

800.  All  billiard  rooms  and  shooting  galleries,  bowling  alleys, 
and  places  where  any  of  the  games  described  in  section  794  are  kept, 
shall  be  closed  each  night  at  an  hour  not  later  than  twelve  o’clock, 
midnight;  nor  shall  they  be  opened  for  custom  at  an  hour  earlier 
than  seven  o’clock  a.  m.,  under  a  penalty  of  not  less  than  ten  nor 
more  than  twenty-five  dollars  for  each  offense. 

801.  No  intoxicating  liquors  of  any  name  or  description  in  any 
quantity  shall  be  sold  or  disposed  of  in  any  manner,  or  be  drank  in, 
on,  or  about  any  billiard  room  licensed  under  the  provisions  of  this 
article,  or  stairway  leading  thereto,  under  a  penalty  of  not  less  than 
five  nor  more  than  one  hundred  dollars  for  each  offense  and  the  revok¬ 
ing  of  the  license  for  such  billiard  room. 

802.  The  mayor  or  city  council  may  revoke  any  license  granted 
under  the  .provisions  of  this  article  on  proof  that  any  of  the  provis¬ 
ions  herein  contained  have  been  flagrantly  violated  by  the  owner  or 
keeper  of  any  such  billiard  room,  his  agent  or  servant. 

Article  XXV. 

MEETINGS  OF  THE  CITY  COUNCIL. 

803.  The  regular  meetings  of  the  city  council  shall  be  held  on 
the  first  Monday  of  each  and  every  month  at  the  city  council  rooms. 
The  hour  of  meeting  shall  be  as  follows:  From  the  first  of  May  to 
the  first  of  October,  at  7:30  p.  m.;  from  the  first  of  October  to  the 
first  of  May,  at  7  p.  m.,  unless  otherwise  ordered.  The  same  rule  at 
special  meetings. 

804.  Special  meetings  of  the  council  may  be  called  by  the  mayor 
or  any  three  aldermen;  notice  thereof  shall  be  given  each  member  of 
the  council  in  writing,  stating  the  time  and  purpose  of  the  meeting, 
which  notice  it  shall  be  the  duty  of  the  city  marshal  to  serve. 


CITY  ORDINANCES.  191 

805.  No  business  shall  be  transacted  at  any  special  meet¬ 
ing  of  the  council  except  that  for  which  the  meeting  was  called. 

806.  A  majority  of  aldermen  elect  shall  constitute  a  quorum  to 
do  business,  but  a  smaller  number  may  adjourn  from  time  to  time 
and  compel  absentees  to  attend  any  regular  or  special  meeting,  by  a 
written  citation  to  that  effect,  stating  the  day  and.hour  of  such  meet¬ 
ing;  such  citation  shall  be  signed  by  the  mayor  or  aldermen  issuing 
the  same,  and  may  be  served  by  the  city  marshal,  or  any  officer  author¬ 
ized  to  serve  processes  in  said  city,  by  reading  the  same  to  such  ab¬ 
sentee.  Any  alderman  wilfully  refusing  to  obey  such  citation,  shall 
forfeit  twenty  dollars  ($20),  to  be  deducted  out  of  his  salary,  or  col¬ 
lected  by  suit  in  the  same  manner  as  other  penalties  provided  in  this 
ordinance,  and  upon  the  repeated  refusal  to  obey  such  citation,  such 
alderman  may  be  expelled,  and  his  office  declared  vacant. 

807.  The  mayor  or  the  presiding  officer  in  his  absence  shall 
enforce  good  order  and  decorum  during  the  sessions  of  the  council, 
and  it  shall  be  the  duty  of  all  present  to  respect  his  orders. 

Article  XXVI. 

MISCELLANEOUS  PRACTICES. 

808.  It  shall  be  unlawful  for  any  person  to  have  in  his  possess¬ 
ion  any  nippers  of  the  description  known  as  burglar’s  nippers,  pick 
lock,  skeleton  key,  key  to  be  used  with  a  bit  or  bits,  jimmy,  or  other 
burglar’s  instrument  or  tool  of  whatsoever  kind  or  description,  unless 
it  be  shown  that  such  possession  is  innocent  or  for  lawful  purpose, 
under  the  penalty  of  not  less  than  twenty  dollars  for  each  offense. 

809.  No  person  shall  engage  in  any  game,  sport,  amusement,  or 
exhibit  any  machine  or  show,  or  any  animal,  or  indulge  in  any  acro¬ 
batic  feats,  or  do  anything  else  in  the  streets,  or  upon  the  sidewalks, 
which  shall  have  a  tendency  to  frighten  horses,  or  collect  any  crowd 
of  persons  so  as  to  interfere  with  the  passage  of  teams  or  vehicles,  or 
persons  passing  along  the  streets  and  sidewalks:  and  any  person  who 
shall  do  any  of  these  things  shall  be  fined  not  less  than  three  nor 
more  than  twenty-five  dollars  for  each  and  every  offense. 

810.  No  person  shall  wantonly  mar,  injure,  deface,  or  destroy 
any  fence,  guide-post,  sign-board,  or  awning  in  any  street  or  public 
place  in  the  city,  under  the  penalty  of  not  less  than  three  dollars  for 
each  offense. 

811.  No  person  shall  throw,  cast,  or  put  into,  drop,  or  leave  in 
any  street,  alley,  lane,  public  place,  or  any  uninclosed  public  grounds 
in  the  city  of  Monmouth  any  stone,  missiles,  nails,  ice,  glass,  iron,  or 
any  other  metal,  or  any  straw,  paper,  parings  of  fruit  or  vegetables, 
or  any  other  article  or  thing,  except  ashes  on  un  paved  streets  or  alleys, 
by  which  horses,  mules,  or  other  quadrupeds  shall  or  may  be  injured 


m 


<J1TX  OKLU-N-ANCES. 


or  endangered,  under  the  penalty  of  not  less  than  one  nor  more  than 
twenty-live  dollars  lor  each  offense. 

812.  No  person  shall  stop  or  obstruct  the  passage  of  the  water 
of  any  street,  gutter,  or  public  sewer,  culvert,  water-pipe,  hydrant,  or 
water-course  within  the  city,  under  the  penalty  of  not  less  than  live 
dollars  for  each  offense. 

c 

813.  No  person  shall  cut,  injure,  mark,  or  deface  any  public 
building  belonging  to  the  city,  or  any  station-house  or  engine-house, 
or  any  tree,  grass  or  shrub  or  walk  in  any  square  or  public  park,  or 
any  sewer,  water-pipe,  or  hydrant  laid  or  placed  by  the  city,  under  the 
penalty  of  not  less  than  three  dollars  lor  each  offense. 

814.  No  person  shall  throw  or  cast  any  stone  or  other  missile 
in,  from,  or  to  any  street,  public  place,  or  inclosed  ground,  under  the 
penalty  of  two  dollars  for  each  offense. 

815.  No  person  shall  post,  paste,  paint,  or  nail  any  handbill, 
sign,  poster,  advertisement,  or  notice  of  any  kind  upon  any  private 
wall,  door,  gate,  or  fence  without  the  consent  of  the  owner  thereof, 
under  the  penalty  of  not  less  than  three  nor  more  than  twenty-five 
dollars  for  each  offense. 

816.  No  person  shall  throw,  cast,  lay,  or  place  on  any  sidewalk 
in  the  city  of  Monmouth,  the  r;nd  or  peel  of  any  orange,  banana, 
apple,  or  other  fruit,  under  a  penalty  of  not  less  than  one  nor  more 
than  five  dollars  for  each  offense. 

817.  No  person  shall  obstruct  or  encumber  any  street  corner,  or 
other  public  place  of  the  city  by  lounging  in  or  about  the  same;  and 
after  being  requested  to  move  on  by  any  police  officer,  the  person  so 
offending  shall  be  subject  to  the  penalty  of  not  less  than  five  dollars 
for  each  offense. 

818.  No  person  shall  dig,  cut,  or  remove  any  sod  or  earth  from 
any  street  or  other  public  place  within  the  city  without  a  permit  from 
the  street  superintendent,  or  from  any  premises  not  his  own,  without 
the  consent  of  the  owner,  under  the  penalty  of  not  less  than  five 
dollars  for  each  offense. 

819.  All  idle  persons  who  not  having  visible  means  of  suppo  t 
live  without  lawful  employment;  all  persons  habitually  idly  loitering 
about  or  wandering  abroad  and  visiting  or  staying  about  groceries, 
drinking-saloons,  houses  of  bad  repute,  gambling  houses  or  railroad 
depots,  or  lodging  in  out-houses,  market-places,  sheds,  barns,  shops, 
or  in  the  open  air.  and  not  giving  a  good  account  of  themselves;  all 
persons  wandering  abroad  and  begging,  or  who  go  about  from  door 
to  door,  or  place  themselves  in  the  streets  or  other  public  places  to 
beg  or  receive  alms,  shall  be  deemed  vagrants,  and  upon  conviction 
shall  be  lined  in  a  sum  not  less  than  five  nor  exceeding  one  hundred 
dollars. 


CITY  ORDINANCES. 


193 


820.  No  person  shall  indecently,  or  in  a  manner  liable  to  create 
a  nuisance,  exhibit  any  stud  horse  or  bull,  or  let  any  of  the  same  to 
an}^  mare  or  cow  within  the  limits  of  the  city;  and  all  such  animals 
kept  tor  service,  shall  be  kept  in  an  inclosed  place,  out  of  public 
view,  and  not  within  titty  feet  of  any  public  street,  nor  within  the 
same  distance  of  any  dwelling  house.  Any  person  violating  any 
provision  of  this  section,  shall,  for  each  offense,  be  liable  to  a  penalty 

not  exceeding  one  hundred  dollars. 

'  •  \ 

821.  No  person  shall  keep  or  maintain,  or  be  an  inmate  of  or  in 
any  way  connected  with,  or  in  any  way  contribute  to  the  support  of 
any  house  of  ill  fame  or  assignation,  under  the  penalty  of  not  less 
than  ten  dollars  for  each  offense,  and  the  further  penalty  of  one  Hund¬ 
red  dollars  for  every  twenty-four  hours  such  person  shall  keep  or 
maintain  said  house  after  the  first  conviction,  or  after  any  such  per¬ 
son  shall  have  been  ordered  by  any  member  of  the  police  force  to  dis¬ 
continue  the  same. 

822.  If  any  person  shall  appear  in  a  public  place  in  a  state  of 
nudity,  or  in  a  dress  not  belonging  to  his  or  her  sex,  or  in  an  inde¬ 
cent  or  lewd  dress,  or  shall  make  any  indecent  exposure  of  his  or  her 
person,  or  be  guilty  of  any  lewd  or  indecent  act  or  behavior,  he  or 
she  shall  be  subject  to  a  fine  of  not  less  than  twenty  dollars,  nor  ex¬ 
ceeding  one  hundred  dollars. 

823.  Every  house  of  ill  fame  or  house  of  assignation  where  men 
and  women  resort  for  the  purpose  of  prostitution  is  hereby  declared 
to  be  a  nuisance. 

82E  No  person  shall  exhibit,  sell  or  offer  to  sell  or  circulate  or 
distribute  an  indecent  or  lewd  book,  picture  or  other  thing  whatever 
of  an  immoral  or  scandalous  nature,  or  shall  exhibit  or  perform  any 
indecent,  immoral  or  lewd  play  or  other  representation,  under  the 
penalty  of  not  less  than  twenty  dollars  nor  exceeding  one  hundred 
dollars. 

825.  Any  person  who  shall  inhumanely,  unnecessarily  or  cru¬ 
elly  beat,  injure  or  overdrive,  or  otherwise  abuse  any  dumb  animal,  or 
overload  any  team,  shall  be  subject  to  a  tine  of  not  less  than  five  dol¬ 
lars  nor  exceeding  twenty  dollars  for  each  offense. 

826.  No  doctor,  druggist  or  other  person  shall  make,  sell,  put 
up,  prepare  or  administer  any  prescription,  decoction  or  medicine 
under  any  deceptive  or  fraudulent  name,  direction  or  pretense,  under 
the  penalty  of  not  less  than  ten  dollars  for  each  offense. 

827.  No  poisonous  medicine,  decoction  or  substance  shall  be 
held  for  sale  or  sold,  except  for  lawful  purposes  and  with  proper  mo¬ 
tives,  and  by  persons  competent  to  give  the  proper  directions  and 
precautions  as  to  the  use  of  the  same:  nor  shall  any  bottle,  box,  par_ 


194 


CITY  ORDINANCES. 


cel  or  receptacle  thereof  be  delivered  to  any  person  unless  the  same  is 
marked  “poison,”  nor  to  any  person  to  whom  the  party  delivering 
the  same  has  reason  to  think  intends  it  for  any  illegal  or  improper 
use  or  purpose,  under  the  penalty  of  not  less  than  twenty-five  dollars 
for  each  offense. 

828.  In  all  cases  of  persons  meeting  each  other  in  vehicles  on 
any  highway  or  thoroughfare,  or  upon  or  near  any  culvert,  each  per¬ 
son  so  meeting,  shall  in  all  cases  turn  on  and  go  to  the  right  side. 
Whoever  shall  violate  this  section  shall  be  subject  to  a  fine  of  not 
less  than  two  dollars  nor  exceeding  fifty  dollars:  Provided ,  this  sec¬ 
tion  shall  not  be  construed  to  apply  to  any  case  unless  some  injury  to 
persons  or  property  shall  occur  by  the  drivers  of  the  carriage  or 
wagon  refusing  to  turn  to  the  right,  nor  to  any  case  where  it  is  im¬ 
practicable  from  the  nature  of  the  ground  for  the  driver  of  the  car¬ 
riage  or  wagon  to  turn  to  the  right. 

829.  Any  person  who  shall  commit  any  indecent,  lewd  or  filthy 
act  in  any  place  in  the  city,  or  shall  utter  any  lewd  or  filthy  words, 
or  use  any  threatening  or  abusive  language  in  the  hearing  of  other 
persons  publicly,  or  shall  make  any  obscene  gesture  to  or  about  any 
other  person  publicly,  shall  be  deemed  a  disorderly  person,  and  upon 
conviction,  shall  be  fined  not  less  than  three  dollars. 

830.  Any  person  who  shall  disquiet  or  disturb  any  congregation 
or  assembly  met  for  religious  worship,  by  making  a  noise,  or  by  rude 
and  indecent  behavior  or  profane  discourse  within  their  place  of  wor¬ 
ship,  or  so  near  the  same  as  to  disturb  the  order  and  solemnity  of  the 
meeting,  shall  be  subject  to  a  fine  not  exceeding  fifty  dollars. 

831.  No  person  shall  get  upon  or  off,  or  attempt  to  get  upon  or 
off  any  locomotive  engine,  tender, -car,  or  train  of  cars  or  any  plat¬ 
form  or  step  thereof,  wrhile  the  same  or  either  of  them  are  in  motion, 
without  first  having  obtained  from  the  person  or  persons  in  charge 
thereof  express  permission  so  to  do.  Any  violation  hereof  shall  be 
punished  by  a  fine  of  not  less  than  two  dollars  nor  more  than  fifty 
dollars  for  each  offense. 

832.  Any  person  or  persons  who  shall  disturb  the  quiet  of  the 
city,  or  of  any  lawful  assembly  of  persons  whatsoever,  or  of  any 
locality  or  neighborhood,  family,  or  person  within  the  city  by  any 
loud  or  unnecessary  noise,  by  blowing  horns  or  other  instruments,  b}r 
ringing  bells,  or  rattling,  or  making  any  unnecessary  noise  with  ket¬ 
tles,  or  other  sounding  vessels  or  instruments;  by  hallooing,  shout¬ 
ing,  bellowing,  howling  or  screaming;  by  indecent,  or  obscene,  or 
profane  language  or  conduct;  or  by  threatening,  quarreling,  or  fight¬ 
ing,  or  by  assaulting,  or  challenging  to  fight,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  liable  to  a  penalty  of  not  less  than 
three  nor  more  than  fifty  dollars  for  each  offense. 

833.  Any  person  keeping  or  having  charge  of  any  house,  build- 


CITY  ORDINANCES. 


195 


ing,  shop,  or  place  of  any  description  who  shall  suffer  or  permit 
therein  any  loud  and  boisterous  talk  or  conversation,  or  any  profane  or 
obscene  language,  or  any  species  of  disorder  or  tumult,  which  may 
alarm  or  disturb  the  neighborhood,  or  persons  passing  on  any  public 
street  or  highway,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  liable  to  a  penalty  of  not  less  than  three  dollars  for  each  offense. 

834.  Any  person  who  shall  make,  aid,  countenance,  or  assist  in 
making  any  improper  noise,  riot,  disturbance,  breach  of  the  peace,  or 
diversion  tending  to  a  breach  of  the  peace  in  the  streets  or  elsewhere 
in  the  city,  and  all  persons  who  shall  collect  in  bodies  or  crowds  for 
unlawful  purposes  or  for  any  purposes  to  the  annoyance  or  disturb¬ 
ance  of  citizens  or  travelers,  shall  be  severally  subject  to  a  fine  of  not 
less  than  one  nor  exceeding  one  hundred  dollars. 

835.  It  shall  be  unlawful  for  any  person  or  persons  to  catch  on, 
hang  upon,  or  ride  upon  any  sled,  or  sleigh,  or  other  vehicle,  while  the 
same  is  moving  through  or  along  any  public  street  within  the  city^, 
except  with  the  consent  of  the  owner  or  driver  of  such  vehicle;  and 
any  person  or  persons  violating  any  of  the  provisions  of  this  section, 
shall  be  liable  to  a  penalty  of  not  less  than  one  nor  more  than  five 
dollars  for  each  and  every  offense. 


836.  It  shall  not  be  lawful  for  any  person  or  persons,  bodies 
corporate  or  politic,  in  said  city,  to  keep  an  office,  room  or  place  for 
the  sale  or  other  disposition  of  lottery  tickets;  nor  shall  it  be  lawful 
for  any  person,  body,  corporate  or  politic,  in  said  city,  to  vend,  sell,  or 
otherwise  dispose  of  an}7  lottery  tickets;  nor  shall  it  be  lawful  for 
any  person  or  persons,  in  said  city,  to  sell  or  dispose  of  in  any  man¬ 
ner  whatever,  any  tickets,  figures,  numbers  or  characters  for  any 
‘•prize  gift,11  “present/1  “gift  enterprise, v  “gift  distribution,”  or  for 
anything  of  the  like  name  or  nature,  where  money  or  property  is 
directly  or  indirectly  pledged,  paid,  or  to  be  pledged  or  paid,  for  a 
share  or  chance,  or  for  any  participation  in  the  same,  or  where  num¬ 
bers,  figures,  characters,  gifts,  prizes,  presents,  or  donations  are  to  be 
drawn,  disposed  of,  or  received  by  any  person,  in  any  manner  what¬ 
ever;  and  every  person  convicted  of  a  violation  of  this  section  shall 
forfeit  and  pay  not  less  than  five  nor  more  than  one  hundred  dollars 
for  every  offense. 

* 


837.  Whoever  in  the  city  shall  resist  any  member  of  the  police 
force  in  the  discharge  of  his  duty,  or  shall  in  any  way  interfere  with 
or  hinder  or  prevent  him  from  discharging  his  duty  as  such  member, 
or  shall  offer  or  endeavor  to  do  so,  and  whoever  shall  in  any  manner 
assist  any  person  in  custody  of  any  member  of  the  police  force  to 
escape  or  attempt  to  escape  from  such  custody,  or  attempt  to  rescue 
any  person  in  custody,  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars. 


838.  Any  person  who  shall  knowingly  cause  a  false  alarm  of 


196 


CITY  ORDINANCES. 


fire  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  to  a 
penalty  of  not  less  than  ten  dollars  for  each  offense. 

839.  Any  person  who  shall  be  found  drunk  or  intoxicated  on 
any  street,  or  other  public  place  in  the  city,  or  who  shall  be  found  in 
a  drunken  sleep  on  any  street,  alley,  or  other  public  place,  or  on  any 
private  property  not  his  own,  nor  in  the  occupancy  of  the  person 
with  whom  he  lives,  and  being  unable  to  show  the  permission  of  the 
occupant,  shall  be  deemed  guilty  of  a  misdemeanor;  and  it  shall  be 
the  duty  of  any  member  of  the  police  force  to  arrest  and  commit  any 
person  so  found  drunk  or  intoxicated  until  he  shall  have  become  sober, 
and  then  bring  him  before  the  police  magistrate  for  trial. 

840.  If  any  person  or  persons  within  said  city  shall  willfully 
and  maliciously  injure  or  destroy,  or  attempt  to  injure  or  destroy  any 
property  real  or  personal,  or  any  property  of  any  kind  of  any  person 
or  persons,  or  corporation  within  said  city,  any  such  person  or  persons 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  three  nor  more  than  one  hun¬ 
dred  dollars. 

841.  Any  person  or  persons  who  shall  hereafter  knowingly  dis¬ 
turb  the  peace,  quiet  or  good  order  of  society  in  said  city,  by  any  kind 
of  labor  (works  of  necessity  and  charity  .excepted),  or  amusement  on 
the  first  day  of  the  week,  commonly  called  Sunday,  shall  on  convic¬ 
tion  thereof,  be  fined  not  less  than  ten  dollars  for  each  and  every 
offense. 

842.  Any  person  or  persons  who  shall  hereafter,  within  said  city, 
open  or  keep  open,  or  attempt  to  open  or  keep  open,  any  saloon,  bil¬ 
liard  room,  ball  or  bowling  alley,  dram  shop,  tippling  house,  drink¬ 
ing  saloon,  or  any  disorderly  house  or  any  place  wherein  intoxicating 
liquors  of  any  kind  are  sold  as  a  beverage,  on  the  firsk  day  of  the 
week,  commonly  called  Sunday,  is  hereby  declared  guilty  of  a  mis¬ 
demeanor,  and  shall,  on  conviction,  be  fined  in  any  sum  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars,  and  in  case  of  any 
violation  of  this  section  of  this  article,  it  shall  be  lawful  for  and  it 
shall  be  the  duty  of  the  city  marshal,  or  any  policeman  of  said  city, 
to  forthwith  enter  upon  the  premises  where  any  such  violation  occurs, 
and  arrest  the  offenders  without  warrant  and  commit  them  to  the  city 
prison,  there  to  remain  until  the  next  Monday  morning  until  9 
o'clock  a.  m.,  to  be  dealt  with  according  to  law,  and  it  shall  be  lawful 
and  it  is  made  the  duty  of  such  city  marshal  and  policemen,  or  any 
of  them,  to  close  any  such  saloon,  billiard  room,  ball  or  bowling  alley, 
dram  shop,  tippling  house,  drinking  saloon,  or  other  place,  and  to  use 
the  necessary  force  to  keep  the  same  closed  until  the  next  Monday 
morning. 

843.  Every  person  who  engages  or  aids  in  an}T  ame,  device, 
trick  or  scheme  designed,  or  intended  to  cheat,  swindle  (  defraud  any 


CITY  ORDINANCES. 


197 


one  out  of  any  money,  or  other  property,  or  who  shall  attempt,  or  aid 
in  attempting,  to  cheat,  swindle,  or  defraud  any  one  of  any  money  or 
property,  by  any  game,  trick,  scheme,  or  device,  or  who  has  in  his  or 
her  possession  in  the  city,  any  implement,  token,  or  device,  used  in 
any  game  of  chance,  sleight  of  hand,  trick  or  scheme,  calculated  or 
intended  to  cheat,  swindle,  or  defraud  any  one  out  of  money  or  prop¬ 
erty,  shall  be  deemed  guilty  of  a  misdemeanor,  and  be  liable  to  a  pen¬ 
alty  of  not  less  than  five  nor  exceeding  fifty  dollars  for  each  offense. 

814.  Any  person  who  shall  be  found  drunk  and  disorderly  on 
any  public  street  or  other  public  place  in  the  city  shall  be  liable  to  a 
penalty  of  not  less  than  three  dollars  for  each  offense. 

815.  If  any  person  or  persons  shall,  within  said  city^  limits,  enter 
into  any  lot,  fruit  or  vegetable,  or  flower  garden,  or  orchard,  or  field, 
or  vineyard,  or  close  of  any  person  or  persons,  or  corporation  without 
the  consent  of  the  owner,  with  intent  to  take,  seize,  or  convey  away, 
any  fruit,  vegetables,  flowers,  vintage,  or  other  products  or  things 
grown  or  growing  therein,  every  such  person,  on  conviction  thereof, 
shall  be  fined  in  any  sum  not  less  than  three  dollars  nor  more  than 
one  hundred  dollars,  and  shall  also  be  required  by  the  police  magis¬ 
trate  to  pay  to  the  owner  cjl  damages  done  by  any  such  violation  of 
this  ordinance,  and  any  person  or  persons,  on  sight  or  immediate 
pursuit  may,  without  warrant,  arrest  any  person  violating  this  section 
ot  this  ordinance,  and  convey  any  such  person  before  any  police  mag¬ 
istrate  of  said  city,  or  deliver  any  such  person  to  the  custody  of  the 
city’  marshal,  or  any  policeman  of  said  city,  to  be  dealt  with  accord¬ 
ing  to  law. 

Article  XXVII. 

NUISANCES. 

846.  For  any  person  or  persons  to  keep  or  collect  for  any  pur¬ 
pose  whatever  within  said  city  of  Monmouth,  so  far  as  the  land  is  laid 
off  into  lots,  more  than  three  swine  in  one  pen  or  inclosure,  or  to  keep 
such  swine  adjoining  to  any  public  street  or  avenue,  except  within 
twent}^  rods  of  the  outside  railroad  track  or  tracks  upon  either  side  of 
any  depot  grounds  of  any  depot  in  said  city,  where  they  may  be  con¬ 
gregated  for  the  purpose  of  shipment,  or  in  an  inclosure  over  or  upon 
any  running  stream  where  such  swine  can  have  access  to  such  run¬ 
ning  stream,  shall  constitute  and  is  hereby  declared  a  nuisance,  and 
any  persqn  or  persons  creating  or  permitting  said  nuisance  to  exist, 
and  having  the  right  or  power  to  abate  the  same,  shall  be  subject  to  a 
tine  of  not  less  than  three  and  not  exceeding  one  hundred  dollars  in 
every  case,',  and  to  a  like  fine  for  every  day  they  shall  neglect  or  refuse 
to  abate  su.  h  nuisance  when  notified  by  the  mayor  or  health  officer, 
to  abate  the  same. 

847.  1~,  shall  constitute  and  is  hereby  declared  a  nuisance  for 
any  person  to  suffer  or  permit  any  cellar,  vault,  private  drain,  pool, 


198 


CITY  ORDINANCES. 


sewer,  or  sink  upon  any  premises  belonging  to  or  occupied  by  him  to 
become  naseous,  foul,  offensive  or  injurious  to  the  public  health.  Any 
person  who  shall  create,  suffer,  or  permit  such  nuisance  to  exist  shall 
be  subject  to  a  line  of  not  less  than  two  dollars  and  not  exceeding  fifty 
dollars  in  every  case,  and  to  a  like  tine  for  every  day  the  same  shall 
continue  after  notice  to  remove  and  abate  such  nuisance. 

848.  All  privies,  any  part  of  the  contents  of  which  are  above  the 
surface,  or  within  two  feet  of  the  surface  of  the  earth,  and  all  other 
privies  that  are  foul,  emitting  smells  and  odors  prejudicial  to  the  pub¬ 
lic  health,  are  hereby  declared  nuisances,  and  the  health  officer  or  city 
marshal  shall  have  power  to  abate  the  same. 

849.  It  shall  constitute  and  is  hereby  declared  a  nuisance  for  any 
person  to  set  or  place,  or  cause  to  beset  or  placed,  or  permit  to  remain, 
any  goods,  wares,  merchandise,  or  other  property  of  any  kind  on  any 
street,  sidewalk,  alley  or  way,  for  a  longer  time  than  two  hours;  and 
any  person  who  shall  so  obstruct  the  street  or  sidewalk  in  front  of  any 
store  or  dwelling  with  any  goods,  wares,  merchandise,  or  other  property 
shall,  on  conviction  thereof,  for  the  first  offense  be  punished  by  a  tine 
of  not  less  than  two  nor  more  than  fifty  dollars. 

850.  It  shall  constitute  and  is  hereby  declared  to  be  a  nuisance 
for  any  person  or  persons,  the  owner  or  drivers  of  any  wagon  or  other 
vehicle  loaded  with  any  dead  hog  or  dead  swine  or  other  animals,  un¬ 
less  the  same  have  been  slaughtered  for  use  as  meat,  to  stop  such  wagon 
or  vehicle  containing  any  such  load  or  part  of  a  load  at  or  upon  any 
street,  avenue,  alley,  or  place  within  the  city  of  Monmouth,  or  to  un¬ 
load  the  contents  or  any  part  of  such  load  at  or  upon  any  place  within 
the  limits  of  the  city  of  Monmouth,  except  within  or  upon  cars  for 
immediate  shipment;  and  any  person  or  persons,  owner  or  driver  of 
any  such  vehicle  guilty  of  a  violation  of  any  of  the  provisions  of  this 
section,  shall  be  liable  to  a  penalty  of  not  less  than  three  nor  more 
than  one  hundred  dollars  for  each  and  every  offense. 

851.  The  congregating  of  any  persons  about  the  doors  or  win¬ 
dows  of  the  city  prison,  or  county  jail  of  said  county,  where  any  per¬ 
son  or  persons  are  or  shall  be  imprisoned  as  a  prisoner  of  the  state  or 
city,  and  talking  to,  or  conversing  with  any  such  prisoner,  is  hereby 
declared  a  public  nuisance,  and  any  person  s*>  offending,  on  convic¬ 
tion,  shall  be  lined  five  dollars  for  each  and  everv  offense. 

<* 

852.  In  all  cases  where  a  nuisance  shall  be  found  in  any  build¬ 
ing  or  upon  any  ground  or  other  premises  within  the  jurisdiction  of 
the  city,  twentj^-four  hours  notice  may  be  given  in  writing,  signed  by 
the  health  officer,  or  city  marshal,  to  the  owner  or  occupant  of  such 
building  or  other  premises  where  he  is  known  and  can  lie  found  to 
remove  such  nuisance,  and  in  case  of  his  neglect  or  refusal  to  abate 

•  the  same  in  accordance  with  such  notice,  he  shall  be  chargeable  with 


CITY  ORDINANCES.  199 

the  expenses  which  may  be  incurred  in  the  removal  thereof,  to  be 
collected  by  suit  or  otherwise,  in  addition  to  the  fine  or  penalty. 

853.  In  all  cases  where  no  provision  is  herein  made  defining 
what  are  nuisances  and  how  the  same  may  be  removed,  abated,  or  pre¬ 
vented,  in  addition  to  what  may  be  declared  such  herein,  those  offenses 
which  are  known  to  the  common  law  of  the  land  and  the  statutes  of 
Illinois  as  nuisances  may,  in  case  the  same  exists  within  the  city  lim¬ 
its  or  within  one  mile  thereof,  be  treated  as  such,  and  proceeded  against 
as  is  in  this  article  provided,  or  in  accordance  with  any  other  law 
which  shall  give  the  officer  trying  the  same  jurisdiction. 

Article  XX Y III. 

•  OFFICERS. 

851.  All  officers  appointed  by  the  mayor,  with  the  approval  of 
the  city  council,  whose  term  of  office  is  not  otherwise  expressly  pro¬ 
vided  tor  by  law,  shall  hold  their  respective  offices  for  the  term  of  one 
year  from  the  first  Monday  in  May  next  succeeding  the  general  elec¬ 
tion  for  mayor,  and  until  their  successors  are  appointed  and  qualified. 

855.  The  bonds  of  all  officers  shall  be  executed  with  one  or  more 
sureties,  conditioned  as  provided  in  this  article,  and  section  4  of  arti¬ 
cle  VI  of  “an  act  to  provide  for  the  incorporation  of  cities  and  vil¬ 
lages/’  adopted  by  the  city  of  Monmouth,  April  3,  1882. 

856.  The  execution  of  such  bond  shall  be  acknowledged  by  the 
officer  and  his  sureties  before  some  person  authorized  to  take  the 
acknowledgment  of  deeds,  and  a  certificate  of  such  acknowledgment 
made  thereon;  after  the  approval  of  the  bond  by  the  city  council,  the 
city  clerk  shall  indorse  thereon  the  date  of  its  approval  and  file  the 
same. 

857.  All  official  bonds,  the  amount  of  which  is  not  otherwise 
fixed  by  statute,  or  this  ordinance,  shall  be  in  the  penal  sum  of  five 
hundred  dollars,  unless  the  council  shall  determine  upon  a  greater  sum. 

858.  Neither  the  mayor  nor  any  alderman  of  said  city  shall  be 
received  or  accepted  as  security  on  any  bond  given  to  the  city  by  any 
city  officer  appointed  or  elected  by  the  city  council,  nor  on  any  other 
bond  given  to  said  city  by  any  other  person  for  any  purpose  whatever, 

859.  The  salaries  or  compensation  of  all  officers  and  employes 
of  the  city,  except  as  otherwise  provided  in  this  ordinance,  shall  be 
determined  and  fixed  by  the  city  council  in  the  annual  appropriation 
bill  or  by  ordinance. 

860.  The  salaries  and  pay  of  all  officers  and  employes  shall  be 
monthly  to  each  person  entitled  thereto,  in  the  manner  to  be  pre¬ 
scribed  by  the  rules  and  regulations  of  the  department  of  finance. 


200 


CITY  ORDINANCES. 


861.  All  officers  of  the  city  shall,  in  addition  to  the  reports  by 
this  ordinance  required  to  be  made  by  them,  report  to  the  mayor  in 
writing,  when  required,  the  condition  of  their  respective  offices  and  of 
the  business  and  all  matters  therein  touching  the  interests  of  the  city. 

862.  Every  person  having  been  an  officer  of  the  city  of  Mon¬ 
mouth  shall  within  five  days  after  notification  and  request  deliver  to 
his  successor  in  office  all  property,  books  and  effects  of  every  descrip¬ 
tion  in  his  possession  belonging  to  the  city  or  appertaining  to  his  said 
office,  under  the  penalty  of  not  less  than  fifty  dollars. 

863.  Any  city  officer,  upon  whom  the  duty  devolves,  is  hereby 
authorized  to  demand  and  receive  as  fees  for  the  use  of  the  city  (ex¬ 
cept  where  provision  is  herein  made  to  the  contrary): 

Administering  oath  and  attesting  the  same,  twenty-five  cents. 

•  • 

For  certified  copies  of  any  record,  each  one  hundred  words, 
twenty-five  cents. 

For  each  building  permit,  one  dollar. 

For  all  other  written  permits,  fifty  cents. 

86d.  Any  officer  violating  any  of  the  provisions  of  this  article 
shall  be  deemed  guilty  of  misconduct  in  office,  and  liable  to  removal 
from  office  therefor. 

t 

Article  XXIX. 

ORDINANCES. 

865.  All  ordinances  passed  by  the  city  council  shall  be  recorded 
by  the  clerk  in  a  proper  book  or  books  with  indexes.  The  originals 
shall  be  filed  in  the  clerk’s  office,  and  due  proof  of  the  publication  of 
all  ordinances  requiring  publication  by  the  certificate  of  the  printer 
or  publisher  shall  be  procured  by  the  clerk  and  attached  thereto,  or 
written  and  attested  upon  the  face  of  the  record  of  such  ordinances. 

866.  In  all  cases  where  the  same  offense  may  be  made  punish¬ 
able,  or  shall  be  created  by  different  clauses  or  sections  of  the  ordin¬ 
ances  of  the  city ,  the  prosecuting  officer  may  elect  under  which  to 
proceed;  but  not  more  than  one  recovery  shall  be  had  against  the 
same  person  for  the  same  offense. 

867.  Whenever  in  this  or  in  any  ordinance  hereafter  passed,  a 
minimum  but  no  maximum  fine  or  penalty  is  imposed,  the  court  may 
in  its  discretion  adjudge  the  offender  or  offenders  to  pay  any  sum  of 
money  exceeding  the  minimum  fine  or  penalty  so  fixed,  not  exceeding 
the  sum  of  two  hundred  dollars. 

868.  When  any  ordinance  repealing  a  former  ordinance,  clause, 
or  provision  shall  be  itself  repealed,  such  repeal  shall  not  be  construed 


CITY  ordinances.  201 

to  revive  such  former  ordinance,  clause,  or  provision  unless  it  shall  be 
therein  so  expressly  provided. 

869.  Whenever  any  words  in  any  ordinance  importing  the  plu¬ 
ral  number  shall  be  used  in  describing  or  referring  to  any  matters, 
parties,  or  persons,  any  single  matter,  party,  or  person  shall  be  deemed 
to  be  included  although  distributive  words  may  not  be  used.  And 
when  any  subject  matter,  party  or  person  shall  be  referred  to  in  any 
ordinance  by  words  importing  the  singular  number  only,  or  the  mas¬ 
culine  gender,  several  matters,  parties,  or  persons,  and  females  as  well 
as  males  and  bodies  corporate  shall  be  deemed  to  be  included:  Pro¬ 
vided,  that  these  rules  of  construction  shall  not  be  applied  to  any 
ordinance  which  shall  contain  any  express  provision  including  such 
construction,  or  where  the  subject  matter  or  context  of  such  ordi¬ 
nance  may  be  repugnant  thereto. 

870.  Whenever  in  any  ordinance  the  doing  of  any  act  or  the 
omission  to  do  any  act  or  duty  is  declared  to  be  a  breach  thereof,  and 
there  shall  be  no  fine  or  penalty  declared  for  such  breach,  any  person 
who  shall  be  convicted  of  any  such  breach  shall  be  adjudged  to  pay  a 
fine  of  not  less  than  three  nor  more  than  one  hundred  dollars. 

871.  All  the  printed  books  containing  the  revised  ordinances 
shall  be  deposited  with  the  city  clerk.  He  shall  deliver  one  copy 
thereof  to  each  officer  of  the  city,  and  to  such  other  persons  as  the 
city  council  may  direct. 

872.  The  mayor  shall  have  power  to  extend  to  or  reciprocate 
courtesies  of  other  cities  by  presenting  to  them  a  copy  of  the  revised 
ordinances  at  the  expense  of  the  city,  in  such  manner  as  to  him  may 
seem  suitable. 

873.  Whenever  hereafter  ordinances  are  published  in  any  news¬ 
paper  in  the  city  of  Monmouth,  it  shall  be  the  duty  of  the  city  clerk 
to  cause  three  copies  of  the  proofs  of  said  ordinance  as  published,  to 
be  printed  on  book  paper  having  a  margin  of  at  least  one  inch,  one 
copy  each  for  ttye  use  of  the  police  magistrate  and  city  attorney,  and 
one  to  be  filed  in  the  clerk’s  office  for  reference. 

Article  XXX. 

PARKS,  PUBLIC  GROUNDS  AND  PUBLIC  SQUARE. 

874.  It  shall  be  the  duty  of  the  superintendent  of  streets  to  su¬ 
perintend  all  inclosed  public  grounds  and  keep  the  fences  thereof  in 
repair,  the  walks  in  order  and  the  trees  properly  trimmed,  and  im¬ 
prove  the  same  according  to  plans  approved  by  the  city  council. 

875.  No  person  shall  enter  or  leave  any  of  the  public  parks  of 
the  city  of  Monmouth  except  by  their  gateways;  no  person  shall 
climb  oi  walk  upon  their  wralls  or  fences. 


CITY  ORDINANCES. 


202 

876.  Neither  cattle,  horses,  goats,  swine  or  other  animals,  shall 
be  turned  into  any  one  of  the  said  parks  by  any  person. 

877.  All  persons  are  forbidden  to  throw  stones  or  other  missiles 
within  any  one  of  the  public  parks.  All  persons  are  forbidden  to  cut, 
break  or  in  any  way  injure  or  deface  an}T  park  fence  or  any  walks  or 
gates,  or  cut,  injure  or  deface  in  any  way,  any  tree,  shrub  or  plant 
therein. 

878.  It  shall  be  the  duty  of  the  marshal,  his  deputy  and  all  mem¬ 
bers  of  the  police  force,  to  see  that  all  thoroughfares  and  passageways 
leading  to  and  about  the  public  square  are  kept  clear  and  free  from  • 
crowds,  and  open  for  toot  passengers. 

879.  It  shall  be  unlawful  for  any  person  to  unhitch  any  horses 
or  teams  ot  anj^  kind,  or  leave  the  same  unhitched  upon  the  public 
square  or  upon  any  of  the  following  streets  within  the  city  for  the 
purpose  of  feeding  or  resting  such  horses  or  teams:  Main  street  and 
East  street  between  Warren  and  North  streets,  Broadway  and  Garden 
s’treets  between  West  avenue  and  Spring  street. 

880.  It  shall  be  unlawful  for  any  person  to  expose  for  sale  any 
load  of  hay  or  straw  upon  the  public  square. 

881.  It  shall  be  unlawful  for  any  person  or  persons  to  enter  upon 
and  engage  in  an)T  games,  sports  or  plays,  upon  any  of  the  public 
school  grounds  where  public  schools  are  held,  during  school  hours,  or 
while  any  public  schools  are  in  operation,  or  during  vacation,  or  be 
found  loitering  about  the  same;  and  it  shall  be  unlawful  tor  any  per¬ 
son  or  persons  to  commit  a  nuisance  on  such  grounds  at  any  time. 

882.  Any  person  guility  of  a  violation  of  any  of  the  provisions 
of  this  article  shall  be  liable  to  a  penalty  of  not  less  than  one  nor 
more  than  one  hundred  dollars  for  each  offense. 

Article  XXXI. 

.  '  ( 

PAWNBROKERS,  LOANBROKERS,  ETC. 

883.  The  mayor  may  from  time  to  time  grant  licenses  to  such 
persons  as  shall  produce  to  him  satisfactory  evidence  of  their  good 
character  to  exercise  or  carry  on  the  business  of  pawnbroker,  or  of  a 
loan  broker  or  keeper  of  a  loan  office;  and  no  person  shall  exercise  or 
carry  on  the  business  of  a  pawnbroker,  loanbroker  or  keeper  of  a  loan 
office  without  being  duly  licensed,  under  the  penalty  of  one  hundred 
dollars  for  each  day  he  or  she  shall  exercise  or  carry  on  said  business 
without  such  license. 

884.  Any  person  who  loans  money  on  deposit  or  pledge  of  per¬ 
sonal  property  or  other  valuable  thing,  or  who  deals  in  the  purchas- 


CITY  ORDINANCES. 


203 


ing  of  personal  property  or  other  valuable  thing  on  condition  ot  sel¬ 
ling  the  same  back  again  at  a  stipulated  price,  is  hereby  defined  and 
declared  to  be  a  pawnbroker. 

885.  Every  person  receiving  such  license  shall  pay  therefor  the 
sum  of  thirty  dollars  for  the  use  of  the  city,  and  shall  at  the  time  of 
receiving  such  license,  enter  with  two  sufficient  sureties  into  a  joint 
and  several  bond  to  the  city  of  Monmouth  in  the  penal  sum  of  five 
hundred  dollars,  conditioned  for  the  due  observance  of  all  such  or¬ 
dinances  of  the  city  council  as  may  be  passed  or  in  force  respecting 
pawnbrokers,  loanbrokers  or  keepers  of  loan  offices,  at  any  time  dur¬ 
ing  the  continuance  of  such  license. 

886.  Every  pawnbroker  and  loan  broker  or  keeper  of  a  loan  office, 
shall  keep  a  book  in  which  shall  be  fairly  written  in  ink  at  the  time  of 
each  loan  an  accurate  account  and  description  in  the  English  language 
of  the  goods,  article  or  thing  pawned  or  pledged,  the  amount  of 
money  loaned  thereon,  the  time  of  pledging  the  same,  the  rate  of  in¬ 
terest  to  be  paid  on  such  loan,  and  the  name  and  residence  of  the 
person  pawning  or  pledging  the  said  goods,  article  or  thing.  No 
entry  made  in  such  book  shall  be  erased,  obliterated  or  defaced. 

887.  Every  pawnbroker  and  loanbroker  or  keeper  of  a  loan 
office,  shall  at  the  time  of  each  loan  deliver  to  the  person  pawning 
or  pledging  any  goods,  article  or  thing,  a  memorandum  or  note 
signed  by  him  or  her  containing  the  substance  of  the  entry  required 
to  be  made  in  his  or  her  book  by  the  last  preceding  section;  and  no 
charge  shall  be  made  or  received  by  any  pawnbroker  or  loanbroker  or 
keeper  of  a  loan  office  for  any  such  entry,  memorandum  or  note. 

888.  The  said  book  as  well  as  every  article  or  other  thing  of 
value  pawned  or  pledged,  shall  at  all  reasonable  times  be  open  to  the 
inspection  of  the  mayor  or  any  member  of  the  police  force. 

889.  No  person  so  licensed  shall  take  any  article  in  pawn  from 
any  person  appearing  to  be  intoxicated,  nor  from  any  person  known 
to  be  a  thief,  or  to  have  been  convicted  of  larceny  or  burglary. 

890.  It  shall  be  the  duty  of  the  city  marshal  to  report  to  the 
mayor  any  failure  to  comply  with  any  provisions  of  this  article,  and 
the  raaj^or  may  revoke  the  license  of  such  person. 

891.  The  mayor  may  forthwith  revoke  the  license  of  any  per¬ 
son  who  shall  have  been  convicted  before  any  police  justice,  or  justice 
of  the  peace,  of  any  violation  of  any  provision  of  this  article,  whether 
the  judgment  of  such  justice  shall  have  been  appealed  from  or  not. 

Article  XXXII. 

PEDDLERS. 

892.  Every  person  who  shall  sell  or  offer  for  sale,  barter  or  ex- 


204 


CITY  ORDINANCES. 


change  at  retail  any  farm  produce,  butter,  milk,  poultry,  lish  or  other 
goods,  wares  or  merchandise,  traveling  from  place  to  place,  in,  upon 
and  along  the  streets  ot  this  city,  shall  be  deemed  a  peddler;  and  shall 
annually  and  before  engaging  in  said  business  obtain  a  license  as  a 
peddler.  No  person  shall  engage  in  the  business  of  a  peddler  with¬ 
out  a  license,  under  the  penalty  of  not  less  than  twenty-five  dollars 
for  each  offense. 

893.  The  license  fee  for  peddlers  shall  be  as  follows  :  For  one 
year  ten  dollars,  for  six  months  six  dollars,  for  one  week  three  dollars, 
for  one  day  two  dollars. 

894.  Any  person  licensed  as  aforesaid  under  this  article  who 
shall  be  guilty  of  any  fraud,  cheat,  misrepresentation  or  imposition 
.while  acting  in  such  capacity,  or  who  shall  peddle  any  other  kind  of 
goods,  merchandise  or  article,  than  that  specified  in  his  license  with¬ 
out  leave  of  the  mayor,  shall  on  conviction  thereof,  be  subject  to  a 
fine  of  not  less  than  three  dollars  nor  more  than  one  hundred  dollars. 

895.  This  article  shall  not  be  constructed  as  to  apply  to  any  per¬ 
son  or  persons  coming  into  the  city  from  the  country  with  teams  with 
vegetables,  berries  or  any  produce  of  their  own  farms  or  premises; 
nor  shall  the  same  be  so  construed  as  to  make  it  a  penal  offense  for 
children  under  the  age  of  twelve  years  to  peddle  apples  or  other  fruit, 
provided  they  do  not  occupy  a  stand;  nor  shall  it  be  so  construed  as 
to  apply  to  the  peddling  of  newspapers  :  Provided ,  further ,  that  the 
mayor  may  grant  permits  in  writing  to  such  persons  as  he  may  deem 
deserving  tor  the  sale  of  articles  about  the  streets  without  a  license. 

•  i 

896.  Any  person  who  shall  violate  any  provision  of  this  article, 
or  refuse  or  neglect  to  comply  with  any  requirement  thereof  where  no 
other  or  different  penalty  is  provided,  shall  be  punished  by  a  fine  of 
not  less  than  two  dollars  nor  more  than  one  hundred  dollars.  And  in 
addition  to  such  fine  all  licenses  that  may  have  been  issued  to  an}' 
such  person  or  persons  may  be  revoked  by  the  mayor  immediately 
upon  his  receiving  notice  of  such  conviction. 

Article  XXXIII. 

POLICE  FORCE. 

897.  The  several  members  of  the  police  force  of  the  city  of 
Monmouth  when  on  duty  shall  devote  their  time  and  attention  to  the 
discharge  of  the  duties  of  their  offices  according  to  the  laws  and 
ordinances  of  the  city  and  the  rules  and  regulations  of  the  depart¬ 
ment  of  police;  and  it  shall  be  their  duty  to  the  best  of  their  ability 
to  preserve  order,  peace  and  quiet  and  enforce  the  laws  and  ordinances 
throughout  the  city. 


CITY  ORDINANCES. 


205 


898.  They  shall  have  power  to  arrest  all  persons  in  the  city 
found  in  the  act  of  violating  any  law  or  ordinance,  or  aiding  and 
abetting  in  any  such  violation,  and  shall  arrest  all  persons  found  under 
suspicious  circumstances,  and  shall  take  all  such  persons  so  arrested 
to  the  place  designated  by  such  ordinances,  rules  and  regulations. 

899.  They  shall  have  power  and  authority  in  the  city  to  serve 
and  execute  warrants  and  other  process  for  the  apprehension  and 
commitment  of  persons  charged  with  or  held  for  examination  or  trial, 
or  taken  in  execution  for  the  commission  of  any  crime  or  misdemeanor 
or  violation  of  any  law  or  ordinance  of  the  city;  and  while  executing 
or  serving  or  assisting  in  the  execution  or  service  of  any  such  war¬ 
rant  or  process,  shall  be  vested  with  and  have  all  the  powers  and 
authority  conferred  on  constables  at  common  law  and  by  the  laws  of 
this  state. 

900.  Any  member  of  the  police  force  who  shall  neglect  or  refuse 
to  perform  any  duty  required  of  him  by  the  ordinances  of  the  city  or 
the  rules  and  regulations  of  the  department  of  police,  or  who  shall  m 
the  discharge  of  his  official  duties  be  guilty  of  any  fraud,  extortion, 
oppression,  favoritism,  or  willful  wrong  or  injustice,  shall  forfeit  and 
pay  a  penalty  not  exceeding  one  hundred  dollars  for  each  offense. 

Article  XXXIV. 


POLICE  MAGISTRATE. 

901.  All  suits,  actions,  or  prosecutions  brought  for  the  recovery 
of  any  fine,  forfeiture,  or  penalty  for  a  breach  or  violation  of  any 
ordinance,  now  or  hereafter  to  be  in  force  in  said  city,  shall  be  com¬ 
menced  before  a  police  magistrate  of  said  city,  or  any  justice  of  the 
peace  of  said  city.  All  fines,  forfeitures  and  penalties  shall  be  sued 
for  within  eighteen  months  after  the  right  of  action  has  accrued. 

902.  All  such  suits,  actions,  or  prosecutions  shall  be  commenced 
in  accordance  with  the  provisions  of  the  statute  in  such  case  made 
and  provided;  and  when  commenced  by  complaint  the  said  complaint 
may  be  in  substantially  the  following  form: 


STATE  OF  ILLINOIS,  WARREN  COUNTY,  ) 

City  of  Monmouth,  \  ' 

In  the  name  and  by  the  authority  of  the  People  of  the  State  of  Illinois: 

The  complaint  and  information  of  A.  B.  made  before  C.  D.,  Po¬ 
lice  Magistrate  in  and  for  the  City  of  Monmouth,  County  of  Warren, 

and  State  of  Illinois,  on  the - day  of  -  A.  D.  18 — ,  who  being 

first  duly  sworn,  deposes  and  says,  that  one  E.  F.  on  the - day  of 

- ,  A.  D.  18—,  was  guilty  of  a  breach  of  an  Ordinance  of  said  City 

entitled  [here  insert  the  title  of  the  ordinance]  in  this  that  said  E.  F. 
did  then  and  there  unlawfully  [here  state  the  breach]  at  and  within 
the  corporate  limits  of  said  City  of  Monmouth,  County  of  Warren, 


206 


CITY  ORDINANCES. 


and  State  of  Illinois,  contrary  to  the  Ordinances  of  said  City,  and 
against  the  peace  and  dignity  of  the  same  people  of  the  State  of 
Illinois.  A.  B. 

Subscribed  and  sworn  to  before  me  this - day  of - ,  A.  D., 

18 — .  C,  D.,  Police  Magistrate. 

903.  All  such  suits  shall  be  conducted  as  near  as  may  be  in 
accordance  with  the  method  of  procedure  in  civil  cases  before  justices 
of  the  peace. 

904.  When  any  person  having  been  convicted  before  such  police 
magistrate  or  justice  of  the  peace  of  a  violation  of  any  of  the  ordin¬ 
ances  of  said  city  and  adjudged  to  pay  any  fine  or  penalty  and  costs 
shall  neglBC-t  or  refuse  to  forthwith  pay  the  full  amount  of  such  fine 
and  costs  such  police  magistrate,  or  other  officer  before  whom  such 
judgment  was  rendered,  shall  forthwith  issue  an  execution  against  the 
body  of  such  defendant,  in  the  following  form,  varying  such  form  to 
suit  the  nature  of  the  case: 


STATE  OF  ILLINOIS,  WARREN  COUNTY, 
City  uf  Monmouth, 


The  People  of  the  State  of  Illinois  to  the  City  Marshal ,  any  Policeman 
of  said  City ,  or  to  any  Constable  of  said  County,  greeting : 

We  command  you,  that  you  demand  of  E.  F.  the  sum  of - 

dollars  and  -  cents  fine,  and  -  dollars  and - cents  costs, 

which  the  City  of  Monmouth  lately,  to-vit,  on  the - day  of - , 

A.  D.  18 — ,  recovered  before  me  in  a  certain  plea  against  the  said  E. 
F.;  and  in  case  the  said  E.  F.  shall  fail  or  refuse  to  pay  the  same,  then 
you  shall  take  the  said  E.  F.  and  convey  him  to  the  city  prison  of 
said  city,  or  the  county  jail  of  said  county,  and  deliver  him  into  the 
custody  of  the  keeper  of  said  jail;  and  you,  the  said  keeper,  in  such 
case  are  hereby  required  to  receive  the  said  E.  F.  into  your  custody  in 
*  said  jail  and  him  there  safely  keep  until  said  fine  and  costs  shall  be 
paid,  or  said  E.  F.  be  otherwise  discharged  by  due  process  of  law. 

Given  under  my  hand  and  seal  this - day  of - ,  A.  D.,  18 — . 

C.  D.,  Police  Magistrate. 


905.  And  it  shall  be  the  duty  of  the  officer  into  whose  hands 
such  execution  shall  come  to  execute  .the  same  forthwith:  Provided \ 
that  in  any  case  after  judgment  has  been  rendered  against  any  person 
as  aforesaid,  the  police  magistrate  or  justice  of  the  peace  may  take 
good  and  sufficient  security  for  the  payment  of  such  fine  and  costs 
within  any  time  not  exceeding  twenty  days,  and  the  person  so  becom¬ 
ing  security  shall  sign  an  obligation  to  be  entered  on  the  docket  of 
such  suit  in  substance  as  follows: 

I  bind  myself  to  pay  the  above  judgment  within  twenty  days 
from  this  date  if  the  same  is  not  paid  by  defendant. 

Dated  this - day  of - ,  A.  D.  18 — . 


G.  II.,  Security. 


CITY  ORDINANCES. 


207 


Then  no  execution  against  the  body  of  defendant  shall  be  issued  until 
the  expiration  of  twenty  days,  and  in  case  such  judgment  is  not  paid 
by  the  defendant  or  by  such  security  within  the  time  mentioned  in 
such  obligation  so  signed  as  aforesaid,  suit  shall  be  commenced  thereon 
against  such  security  and  prosecuted  as  in  civil  cases  on  contracts. 

900.  Every  able-bodied  male  person  over  the  age  of  twelve  years, 
who  has  been  convicted  as  above  provided,  and  committed  to  prison 
in  default  of  payment  of  any  fine  adjudged  against  such  person,  may 
be  required  by  such  police  magistrate  or  other  court  before  whom  the 
same  shall  be  tried,  to  pay  the  full  amount  of  such  fine  and  costs  by 
labor  upon  the  streets  and  public  works  of  said  city  under  the  control 
of  the  city  marshal,  or  any  policeman,  or  superintendent  of  streets 
of  the  said  city,  at  the  rate  of  fifty  cents  per  day,  until  such  fine  and 
costs  and  accruing  costs  are  fully  paid;  and  at  any  time,  in  all  such 
cases,  such  police  magistrate  or  other  court  before  whom  the  same 
shall  be  tried,  may  indorse  on  the  execution  required  to  be  issued  by 
the  second  section  above,  that  the  defendant  be  required  to  pay  such 
tine  and  costs  by  labor  as  aforesaid,  which  indorsement  and  order 
shall  be  as  follows  as  nearly  as  the  nature  of  the  case  will  admit  : 

Whereas,  the  within  described  judgment  has  not  been  paid  or 
satisfied,  and  such  defendant  being  an  able-bodied  person  over  twelve 
years  of  age,  the  officer  executing  the  within  writ  is  hereby  com¬ 
manded  to  take  the  body  of  the  within  described  defendant  and  require 
such  defendant  to  labor  on  the  streets  and  public  works  of  said  city 
until  such  judgment,  fine  and  costs  are  fully  paid,  at  the  rate  of  fifty 
cents  per  day,  and  make  return  hereof  as  you  are  required  by  law. 

Given  under  my  hand  and  seal  this - day  of - ,  A.  D.  18 — . 

C.  D.,  Police  Magistrate. 

907.  It  shall  be  the  duty  of  officers  under  whose  hands  such 
executions,  so  indorsed,  shall  come,  to  forthwith  execute  the  same. 

908.  Each  and  every  such  person  who  shall  refuse  or  neglect  to 
work  as  above  required  shall  be  returned  to  city  prison  or  the  jail  of 
Warren  county,  and  placed  in  solitary  confinement  and  fed  on  bread 
and  water  until  such  person  shall  consent  to  work  on  said  streets;  and 
during  the  time  any  such  person  shall  be  engaged  in  so  laboring  on 
said  streets  to  pay  such  fine  and  costs,  such  person  shall  every  night 
be  placed  in  the  city  prison  or  jail  of  Warren  county,  there  to  be 
kept  until  the  following  morning;  and  in  like  manner  shall  he  be  so 
placed  in  jail  every  night  for  safe  keeping  at  the  expense  of  said  city, 
until  he  shall  have  worked  a  sufficient  time  to  fully  pay  such  fine  and 
costs  which  have  been  recovered  against  him,  unless  good  and  suffi¬ 
cient  security,  to  be  approved  by  the  police  magistrate  or  other  court 
issuing  the  writ,  for  his  appearance  on  each  morning  is  given,  and  the 
officer  executing  said  execution  is  hereby  empowered  to,  in  his  dis¬ 
cretion,  place  and  impose  such  restraints  upon  such  person  required 


208 


CITY  ORDINANCES. 


to  labor  as  may  be  necessary  and  proper  to  prevent  such  person  from 
escaping  from  custody,  and  such  person  may  be  secured  by  a  sufficient 
ball  and  chain,  whenever  such  fine  and  costs  shall  be  worked  out  as 
aforesaid,  such  defendant  shall  be  discharged  by  the  officer  executing 
such  execution,  and  the  same  shall  be  returned  as  satisfied  by  labor 
on  the  streets  and  public  works. 

909.  Persons  laboring  in  payment  of  fines  shall  work  under  the 
direction  of  the  superintendent  of  streets,  and  be  in  the  custody  of 
the  marshal  of  the  city,  or  some  member  of  the  police  department, 
and  any  person  thus  employed  to  labor,  escaping  or  attempting  to 
escape,  shall  be  liable  to  a  fine  of  not  less  than  five  dollars  for  every 
such  escape  or  attempt  to  escape. 

910.  Whenever  any  person  shall  be  arrested,  either  with  or  with¬ 
out  a  warrant,  by  the  city  marshal  or  any  other  officer  for  a  breach  of 
any  ordinance  of  said  city,  after  the  hour  of  six  o’clock,  p.  m.,  in  the 
spring,  summer  or  fall  season,  or  after  the  hour  of  five  o’clock,  p.  m., 
of  the  winter  season,  or  at  any  time  on  Sunday,  such  officer  shall 
commit  such  person  arrested  to  the  city  prison  or  the  jail  of  Warren 
county,  and  the  keeper  of  such  city  prison  or  county  jail,  is  hereby 
authorized  and  required  to  receive  any  such  person,  there  to  remain 
until  the  hour  of  nine  o’clock,  a.  m.,  the  next  day,  unless  the  next 
day  be  Sunday,  then  until  the  next  Monday  morning,  when  it  shall 
be  the. duty  of  such  officer  to  take  such  person  before  a  police  magis¬ 
trate  of  said  city  to  be  dealt  with  according  to  law  and  the  ordinances 
of  said  city. 

911.  In  all  cases  of  arrest  made  under  the  provisions  of  the  pre¬ 
ceding  section,  the  officer  making  the  same,  may,  in  his  discretion, 
take  special  bail  for  the  appearance  of  the  person  arrested  at  the  prop¬ 
er  time  and  place;  the  amount  of  said  bail  to  be  in  double  the  amount 
of  the  lowest  fine  and  costs  to  which  the  offense  is  liable,  but  in  no 
case  be  less  than  ten  dollars. 

912.  It  shall  be  the  duty  of  the  city  marshal  or  police  officer 
serving  the  warrant  or  summons  in  each  suit  brought  for  a  violation 
of  any  ordinance  of  the  city  to  notify  the  city  attorney  of  the  time 
and  place  set  for  trial  or  hearing. 

913.  The  police  magistrate  shall  make  a  report  to  the  city  clerk 
on  or  before  the  second  week  in  each  quarter  of  the  fiscal  year,  show¬ 
ing  the  number  of  cases  with  their  titles  commenced  before  him  in 
which  the  cityr  is  a  party  during  the  preceding  quarter;  such  report 
shall  show  in  what  manner  each  and  every  such  suit  has  been  dis¬ 
posed  of  and  the  amount  of  fines  and  costs  collected  in  each  case  with 
the  aggregate  amount  collected  by  him  for  said  quarter,  and  he  shall 
attach  to  such  report  the  treasurer’s  receipts  for  the  amount  due  the 
city. 


CITY  ORDINANCES. 


209 


Article  XXXV. 

POUNDS. 

914.  No  horses,  cows,  swine,  sheep,  goats,  or  geese,  or  cattle  of 
an}'  kind  shall  be  permitted  to  run  at  large  within  the  corporate 
limits  of  the  city,  under  the  penalty  of  three  dollars  for  each  animal 
so  permitted  to  run  at  large,  together  with  the  costs  of  impounding 
and  tiie  expense  of  sustenance  for  each  animal  when  impounded,  as 
hereinafter  provided,  to  be  paid  by  the  owner  or  person  having  charge, 
care  or  keeping  thereof,  severally  and  respectively. 

915.  The  city  council  shall  locate  and  construct  in  the  city  a  good 
and  suitable  pound,  of  which  the  city  marshal  shall  be  ex-officio  the 
keeper,  and  it  shall  be  his  duty  to  take  up  and  impound  any  such 
animal  known  to  him  to  be  running  at  large  within  the  limits  of  the 
city. 

916.  It  shall  be  lawful  for  any  person  over  eighteen  years  of  age 
to  take  up  any  such  animal  or  animals  running  at  large  contrary  to 
the  provisions  of  section  914  of  this  article,  and  take  the  same  to  the 
pound  of  said  city  where  such  animal  or  animals  may  be  taken  up, 
and  for  so  doing  he  shall  receive  from  the  treasurer  of  said  city,  when 
collected,  an  impounding  fee  of  fifty  cents  for  each  animal  so  taken 
up  and  impounded  by  him.  And  H  shall  be  the  duty  of  the  city  mar¬ 
shal  to  enter  upon  his  books  forthwith  the  name  and  residence  of  the 
person  so  taking  any  such  animal  to  the  pound. 

917.  There  shall  be  charged  for  each  animal  impounded  an  im¬ 
pounding  fee  of  fifty  cents,  and  also  fifty  cents  ffor  each  day  or  part 
of  a  day  for  providing  sustenance  for  each  animal  impounded. 

918.  At  any  time  before  the  sale  of  any  animal  or  animals  im¬ 
pounded,  the  owner  or  owners  thereof  may  redeem  the  same  by  pay¬ 
ing  to  the  city  marshal  the  penalty  prescribed  in  section  914  of  this 
article,  together  with  the  impounding  fee  and  costs  of  sustenance  as 
prescribed  in  section  917,  and  in  case  proceedings  shall  have  been 
instituted  before  the  police  magistrate  the  costs  of  such  proceedings 
and  the  amount  of  the  judgment,  if  judgment  shall  have  been  recov¬ 
ered  under  this  article,  together  with  subsequently  accrued  costs  of 
sustenance,  shall  be  the  redemption  money  to  be  paid. 

919.  When  any  animal  or  animals  shall  be  impounded  as  afore¬ 
said,  it  shall  be  the  duty  of  the  city  marshal  forthwith  to  make  com¬ 
plaint  before  the  police  magistrate  or  some  justice  of  the  peace  of  the 
said  city  against  the  owner  or  owners  of  such  animals  if  known,  and 
thereupon  a  warrant  shall  be  issued,  and  upon  the  return  thereof 
executed,  or  the  defendant  having  appeared,  it  shall  be  the  duty  of 
the  justice  to  inquire  whether  the  defendant  has  been  guilty  of  a 
violation  of  this  article;  and,  if  the  defendant  be  found  guilty,  judg¬ 
ment  shall  be  rendered  against  him  for  the  penalty,  impounding  fee, 


210 


CITY  UK U  USANCES. 


and  cost  of  sustenance  herein  prescribed  and  the  costs  of  suit,  and  an 
order  shall  be  entered  that  the  animal  or  animals  shall  be  sold  to 
satisfy  said  judgment,  in  case  the  same  shall  not  be  paid  forthwith. 
Such  order  shall  describe  the  animal  or  animals,  and  state  the  time 
and  place  of  impounding. 

920.  When  the  owner  of  any  animal  impounded  shall  be  un¬ 
known.  it  shall  be  the  duty  of  the  city  marshal  when  the  same  shall 
be  impounded  to  make  complaint  as  provided  in  the  last  section, 
against  the  unknown  owner  of  such  animal,  describing  the  same,  and 
thereupon  the  officer  before  whom  such  complaint  shall  be  made  shall 
issue  a  notice  in  substance  as  follows,  to- wit: 

POUND  NOTICE. 

Whereas,  complaint  has  this  day  been  made  before  me,  that  the  unknown  owner 

of  the  following  described  animals,  to- wit  : - impounded  at - on  the - day 

of - A.  D.  18—,  has  permitted  the  same  to  run  at  large,  contrary  to  the  provisions  of 

an  ordinance  entitled  “An  ordinance - ” 

Now,  therefore,  notice  is  hereby  given,  that  a  trial  will  he  had  upon  the  said  com¬ 
plaint,  at  my  office,  in  the  city  of  Monmouth  on  the - day  of - A.  D.  18— ,  at  the 

hour  of - in.,  when  and  where  the  unknown  owner  may  appear  and  defend,  if  lie  see 

lit  so  to  do.  Witness  my  hand  and  official  seal,  this - day  of - ,  A.  D.  18—. 

- - - J.  P.,  or  P.  M.  [l.  s.J 

The  day  named  in  said  notice  for  trial  shall  not  be  less  than  five 
nor  more  than  ten  days  from  the  time  of  issuing  the  same,  and  it 
shall  be  the  duty  of  the  city  marshal  making  tlm  complaint  forthwith 
to  post  three  copies  of  said  notice,  one  at  the  pound  where  the  ani 
mal  is  impounded,  one  at  the  office  of  the  justice  or  police  magistrate 
issuing  the  same,  and  one  at  the  court  house  in  said  city,  and  to  re¬ 
turn  the  said  notice,  with  the  time  and  manner  of  said  posting. 

921.  The  justice  or  police  magistrate  issuing  said  notice  shall 
enter  the  cause  upon  his  docket,  as  follows,  to-wit:  The  city  of  Mon¬ 
mouth  vs.  The  Unknown  Owner  of  [here  specify  the  animals].  And 
upon  the  return  of  the  notice  prescribed  in  the  last  section,  like  pro¬ 
ceedings  shall  be  had  as  in  the  case  of  personal  service  or  appearance. 

922.  In  all  trials  for  violation  of  this  article  the  accused  shall 
have  the  right  of  trial  by  jury,  and  in  proceedings  against  unknown 
owners  the  trial  must  be  by  jury. 

923.  Upon  the  rendition  of  any  judgment  as  provided  in  section 
919  of  this  article,  the  justice  of  the  peace  or  police  magistrate 
rendering  the  same  shall  issue  to  the  keeper  of  the  pound  where  the 
animal  or  animals  are  impounded  an  order. which  -shall  be  in  the  fol¬ 
lowing  form  as  nearly  as  may  be: 

The  People  of  the  State  of  Illinois,  To - ,  City  Marshal: 

We  command  you,  that  of  the  following  described  goods  and  chattels,  to-wit: - 

- ,  the  property  of - ,  you  make  the  sum  of— — dollars  and - cents  debt, 

and - dollars  and - cents  costs,  which  the  city  of  Monmouth  lately  recovered  be¬ 
fore  me,  against  the  said - ,  and  hereof  make  due  return. 

Given  under  my  hand  and  seal,  this  the - day  of - ,  A.  D.  18—. 

- ,  J.  P.  or  P.  M.,  [L.  S.l 


CITY  UKJJ1NA.NCES. 


211 


924.  Upon  the  receipt  of  such  order,  the  city  marshal  shall  im¬ 
mediately  post  three  notices  in  like  places  as  provided  in  section  920 
of  this  article,  in  substance  as  follows  : 

POUND  NOTICE. 

Taken  up  and  impounded  in  the  city  pound  of  the  city  of  Monmouth,  at - , 

the  following  described  animals  : - - which,  unless  redeemed,  will  be  sold  at 

public  auction  for  cash  to  the  highest  bidder  at  said  pound  at  the  hour  of - o’clock, 

in  the  forenoon,  on  the - day  of - ,  18—. 

- ,  City  Marshal. 

The  day  of  sale  mentioned  in  said  notice  shall  be  the  third  day 
after  posting  the  same,  exclusive  of  Sundays,  holidays  and  election 
days,  and  if  said  animal  or  animals  are  not  redeemed,  the  city  mar¬ 
shal  shall  sell  the  same  in  accordance  with  said  notice.  It  shall  be 
the  duty  of  the  city  marshal  receiving  such  order  as  is  prescribed  in 
section  923  of  this  article  to  return  the  same  within  twenty  days  from 
its  date  to  the  office  issuing  the  same,  with  an  indorsement  showing 
when  and  how  the  same  was  executed. 

925.  No  person  shall  purchase  or  be  interested  directly  or  indi¬ 
rectly  in  the  purchase  of  any  animal  taken  up,  impounded  or  sold  by 
him  under  the  provisions  of  this  article,  under  a  penalty  of  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars  for  each 
animal. 

926.  If  any  person  shall  break  open,  or  in  any  manner  directly 
or  indirectly  aid  or  assist  in,  or  counsel  or  advise  the  breaking  open 
of  any  city  pound,  he  shall  forfeit  and  pay  a  penalty  of  twenty 
dollars. 

9.27.  No  person  shall  hinder,  delay  oi  obstruct  any  person  en¬ 
gaged  in  taking  to  any  city  pound  any  animal  or  animals  liable  to  be 
impounded,  under  a  penalty  of  not  less  than  three  dollars  nor  more 
than  ten  dollars  for  each  animal  so  being  taken. 

928.  The  city  marshal  shall  by  the  end  of  each  month  pay  to 
the  treasurer  of  the  city  all  moneys  received  by  him  over  and  above 
the  necessary  expenditures  for  the  maintenance  of  the  pound  during 
the  month  by  virtue  of  his  office  of  pound-keeper,  and  shall  at  the 
end  of  each  month  render  to  the  clerk  of  the  cit}T  a  full  statement 
of  all  the  animals  received  into  the  pound  during  said  month,  de¬ 
scribing  the  same,  with  the  names  of  the  owners  if  known,  of  the 
animals  redeemed,  the  dates  when  received  respectively,  and  the  dates 
of  redemption  of  those  sold  and  the  times  of  sale,  and  of  all  moneys 
received  by  him  during  said  month  for  the  redemption  or  upon  the 
sales  of  animals  or  otherwise  as  pound-keeper,  and  of  all  moneys  ex¬ 
pended  by  him  in  the  maintenance  of  the  pound,  and  shall  attach  to 
such  statement  receipts  for  all  such  moneys.  The  city  marshal  shall 
also  keep  a  record  in  which  he  shall  enter  from  time  to  time  as  the}^ 
occur  all  matters  required  to  be  shown  in  such  statements,  and  in 


212 


CJLT  Y  ORDINANCES. 


which  he  shall  cause  to  be  written  the  receipts  of  owners  of  animals 
by  them  redeemed. 

929.  When  the  proceeds  of  the  sale  of  any  animal  or  animals 
shall  exceed  the  amount  of  judgment  and  costs,  and  the  expense  of 
sustenance  which  shall  have  accrued  subsequently  to  the  rendition  of 
the  judgment,  and  such  excess  shall  have  been  paid  to  the  treasurer, 
the  owner  or  owners  of  such  animal  or  animals  shall  be  entitled  to 
a  warrant  on  the  city  treasurer  for  such  excess  upon  presenting  to  the 
city  clerk  satisfactory  evidence  of  right  thereto.  • 

930.  Any  person  who  shall  take  or  drive  any  such  animal  from 
any  inclosed  lot  or  tract  of  ground,  or  from  any  stable  or  other  build¬ 
ing,  or  from  outside  of  the  city  limits  to  any  pound  in  said  city,  or 
with  the  intent  that  such  animal  may  be  impounded,  shall  be  liable 
to  a  fine  of  not  less  than  five  nor  more  than  twenty  dollars  tor  every 
animal  so  driven  or  taken  from  the  place  or  places  aforesaid. 

Article  XXXVI. 


RAILROADS. 

931.  No  railroad  corporation  shall  by  itself,  agents,  or  employes 
run  any  passenger  train  upon  or  along  any  railroad  track  within  the 
corporate  limits  of  the  city  of  Monmouth  at  a  greater  rate  of  speed 
than  ten  miles  an  hour;  nor  shall  any  such  corporation  by  itself, 
agents,  or  employes,  run  any  freight  car  or  cars  upon  or  along  any 
railroad  track  within  said  city  at  a  greater  rate  of  speed  than  six  miles 
per  hour. 


932.  No  railway  company,  railroad  engineer,  train  conductor, 
or  other  person,  shall  cause  or  allow  any  locomotive  engine,  car,  or 
cars,  or  train  of  cars,  to  stop  in  or  remain  upon  any  street  and  rail¬ 
road  crossing  within  said  city  for  a  longer  period  than  ten  minutes  at 
anyone  time:  Provided ,  however ,  that  in  case  a  collision  or  accident 
should  take  place  at  any  of  the  crossings  aforesaid,  reasonable  time 
shall  be  allowed  to  remove  any  obstruction  that  may  be  caused 
therebv. 


933.  Should  any  street  and  railroad  crossing  in  said  city  be  and 
remain  occupied  and  obstructed  in  whole  or  in  part  by  any  train  ot 
railroad  cars  for  and  during  the  period  of  ten  minutes,  it  shall  be  the 
duty  of  each  and  every  railroad  company  upon  whose  line  of  road 
such  obstruction  may  occur,  their  agents  or  employes,  on  or  before 
the  expiration  of  said  ten  minutes,  when  from  any  cause  the  entire 
train  cannot  be  propelled  or  removed  to  an}7  one  side  of  any  street 
occupied  and  obstructed  as  aforesaid,  to  cause  such  cars  as  may  be  on 
or  near  said  crossing  to  be  uncoupled,  and  some  one.  division  of  the 
train  as  thus  made  removed  from  off  the  aforesaid  street  and  railroad 
crossing  in  such  manner  as  to  leave  said  street  entirely  free  and  un¬ 
obstructed,  and  said  train,  when  again  coupled,  shall  be  removed 
forthwith  from  off  any  such  crossing  as  aforesaid. 


CITY  UR-ULNA-NOEH. 


213 


934.  Every  locomotive  engine,  railroad  car  or  train  of  cars  run¬ 
ning  in  the  night  time  on  any  railroad  track  in  said  city,  shall  have 
and  keep  while  so  running  a  brilliant  and  conspicuous  light  on  the 
forward  end  of  such  locomotive  engine,  car,  or  train  of  cars.  If  such 
engine  or  train  be  backing,  it  shall  have  a  conspicuous  light  on  the 
rear  car  or  engine  so  as  to  show  in  the  direction  said  car  is  moving. 

935.  No  company,  corporation,  or  person  shall  be  allowed  to 
deposit  or  place  in  the  street  any  lumber  or  other  material,  nor  shall 
they  load  or  unload  any  car  +rom  the  street,  nor  erect  or  maintain  any 
switch-house  or  other  building  upon  any  street,  highway,  or  alley 
within  the  city  limits,  except  by  the  written  permission  of  the  city 
council. 

936.  No  railroad  company  shall  cause  or  allow  the  whistle  of 
any  locomotive  engine  to  be  sounded  within  the  city,  except  necessary 
brake  and  switch  signals,  and  such  as  may  be  absolutely  necessary  to 
prevent  injury  to  persons  and  to  property.  The  bell  ot  each  locomo¬ 
tive  engine  shall  be  rung  continually  while  running  within  said  city. 

937.  Any  railroad  company  or  railroad  corporation  who  shall  by 
themselves,  their  agents,  or  employes,  or  any  agent  or  employe  of  any 
railroad  company  or  railroad  corporation  who  shall  cause  or  allow  any 
railroad  car  or  cars  to  be  detached  from  any  locomotive  engine  and 
left  to  remain  upon  any  street  or  sidewalk  and  railroad  crossing  within 
said  city  for  a  longer  period  than  ten  minutes,  shall  be  fined  in  the 
sum  of  ten  dollars  for  each  and  every  consecutive  ten  minutes  any 
such  railroad  car  or  cars  detached  as  aforesaid  shall  be  so  permitted  to 
remain  on  such  street,  sidewalk,  or  railroad  crossing. 

938.  Whenever,  on  any  street  crossed  by  the  track  or  tracks  of 
any  railroad  company,  the  city  council  shall  deem  it  necessary  to 
require  said  railway  company  to  provide  protection  against  injury  to 
persons  and  property  at  such  crossing  by  the  erection  and  mainten¬ 
ance  of  gates,  guards,  or  other  protection,  or  the  construction  of  a 
viaduct,  or  foot-way,  said  city  council  may,  by  resolution,  so  declare 
and  direct  that  any  such  railroad  company  shall,  within  a  certain 
time,  to  be  fixed  by  the  mayor  and  superintendent  of  streets,  erect, 
construct  and  maintain  a  sufficient  safeguard  at  such  crossing,  speci¬ 
fying  the  kind  of  protection  to  be  erected,  constructed  and  maintained 
as  aforesaid,  whether  it  be  a  gate  or  gates,  or  viaduct  dr  other  efficient 
protection;  and  it  shall  be  the  duty  of  the  superintendent  of  streets 
to  serve  upon  the  said  railroad  company  named  in  said  resolution,  a 
certified  copy  thereof  within  thirty  days  after  the  passage  of  said 
resolution,  and  at  the" same  time  to  notify  the  said  railroad  company, 
in  writing,  ot  the  time  fixed  by  the  mayor  and  said  superintendent 
within  which  the  protection  so  ordered  shall  be  constructed. 

939.  Whenever  any  railroad  company  shall  have  been  directed 
by  the  city  council  to  erect,  construct  and  maintain  at  any  street 
crossed  by  its  track  or  tracks,  any  gate  or  gates,  viaduct,  or  other  pro¬ 
tection,  as  provided  in  the  last  preceding  section,  every  such  company 


214 


CITY  ORDINANCES. 


shall  within  the  time  prescribed  by  the  mayor  and  superintendent  of 
streets,  erect,  construct  and  thereafter  maintain  the  protection  speci¬ 
fied  in  said  resolution,  under  the  penalty  of  not  less  than  fifty  nor 
more  than  two  hundred  dollars  for  every  offense,  and  each  and  every 
ten  days  after  the  expiration  of  the  time  so  fixed  for  the  construction 
of  such  protection,  any  such  company  shall  refuse  or  neglect  to  pro¬ 
ceed  to  the  erection  ot  the  kind  of  protection  specified  in  such  resolu¬ 
tion,  shall  constitute  a  new  and  distinct  offense. 

940.  Every  such  gate,  guavd,  viaduct  and  the  approaches  thereto, 
or  other  protection,  when  so  ordered  as  aforesaid,  shall  be  erected  and 
constructed  at  the  sole  cost  and  expense  of  said  railroad  company, 
under  the  supervision  of  the  superintendent  of  streets,  and  the  same 
shall  forever  thereafter  be  kept  and  maintained  by  such  railroad  com¬ 
pany  in  proper  repair  and  condition,  at  its  own  cost  and  expense,  and 
without  expense  or  cost  to  the  city  of  Monmouth,  under  the  supervi¬ 
sion  of  the  superintendent  of  streets  and  to  his  satisfaction. 

941.  An}"  railroad  company  or  railroad  corporation  who  shall, 
of  themselves,  their  agents,  or  employes,  violate  or  fail  to  observe  any 
of  the  foregoing  provisions  of  this  article,  or  any  agent  or  employe 
of  any  railroad  company  or  railroad  corporation,  or  other  person,  who 
shall  violate  or  fail  to  observe  the  same,  shall,  for  each  violation  or 
failure  to  observe  the  same,  where  no  other  penalty  is  imposed,  be  fined 
in  a  sum  not  less  than  twenty-five  nor  exceeding  one  hundred  dollars, 
to  be  recovered  in  any  court  of  competent  jurisdiction. 

942.  It  shall  be  unlawful  for  any  railroad  corporation  by  itself, 
agents,  or  employes,  to  run  or  propel  any  cars,  engines,  or  trains  over 
or  across  any  street  where  the  hose  of  any  fire  company  within  the 
city  is  laid  in  time  of  any  fire  or  alarm  of  fire  so  as  to  hi  jure,  cut  or  in 
an}r  manner  interfere  with  such  hose:  Provided ,  that  such  corpora¬ 
tion,  its  agent  or  employes,  or  some  one  of  them,  shall  be  notified  by 
some  person  for  the  fire  department  that  such  hose  is  so  laid.  And 
any  railroad  corporation  by  itself,  agents,  or  employes,  violating  the 
provisions  of  this  section  shall  be  liable  to  a  penalty  of  not  less  than 
fifty  nor  more  than  two  hundred  dollars  for  each  offense. 

A  RTICLE  XXXVII. 

SALOONS. 

943.  The  city  council  may  in  its  discretion  grant  license  to  such 
persons  as  it  may  deem  proper  for  the  sale  of  spirituous,  vinous,  fer¬ 
mented  and  malt  liquors  in  quantities  less  than  ope  gallon  within  the 
corporate  limits  of  the  city  of  Monmouth,  under  the  provisions  and 
restrictions  of  the  statute,  in  such  cases  made  and  provided;  subject, 
however,  to  the  following  additional  regulations: 

*  944.  Before  any  such  license  shall  issue,  the  person  desiring  the 
same,  shall  make  an  applicatian  in  writing  to  the  city  council,  which 
application  shall  state  the  name,  age  and  former  occupation  of  appli¬ 
cant,  and  that  the  applicant  has  never  been  convicted  of  any  crime. 


CITY  ORDINANCES. 


215 

The  application  shall  be  accompanied  by  a  certificate  in  writing, 
signed  by  not  less  than  three  freeholders,  residents  of  Warren  county, 
Illinois,  certifying  to  the  general  good  character  of  the  applicant,  and  , 
that  he  has  never  been  convicted  of  any  crime.  The  application  v 
shall  be  accompanied  by  the  names  of  the  sureties  proposed  by  the 
applicant.  At  any  regular  meeting  of  the  city  council,  or  at  any 
special  meeting  called  for  that  purpose,  the  city  council  may  consider 
such  application  for  license  together  with  any  objections  that  may  be 
offered  by  any  resident  or  residents  of  the  city. 

945.  Before  any  license  shall  issue  under  the  provisions  of  this 
article,  the  applicant  shall  first  execute  a  bond  to  the  city  of  Mon¬ 
mouth  in  the  penal  sum  of  one  thousand  dollars,  with  at  least  two 
sureties,  freeholders  of  Warren  county,  Illinois,  to  be  approved  by  the 
city  council,  and  conditioned  that  the  party  licensed  shall  faithfully 
observe  and  keep  all  ordinances  of  the  city  now  in  force  or  hereafter 
to  be  passed  during  the  period  of  such  license,  and  shall  faithfully 
observe  and  comply  with  the  provisions  and  restrictions  of  the  laws  * 
of  the  state  of  Illinois  regulating  dram  shops  or  the  sale  of  liquors. 

946.  The  license  fee  shall  be  eight  hundred  dollars  ($800)  for  one 
year. 

947.  Any  person  whom  the  city  council  may  deem  proper,  on 

compliance  with  the  provisions  of  this  article  and  the  requirements 
of  the  laws  of  the  state  of  Illinois  regulating  the  sale  of  liquor,  shall 
be  granted  a  license  under  the  corporate  seal,  signed  by  the  mayor 
and  countersigned  by  the  clerk,  which  license  shall  authorize  the  per¬ 
son  named  therein  to  sell,  barter  and  deliver  the  liquors  described  in 
section  943  of  this  article  in  less  quantities  than  one  gallon  at  the 
place  designated  in  the  license.  r 

948.  Every  license  so  granted,  unless  sooner  revoked,  shall  ex¬ 
pire  on  the  first. day  of  April  uext  thereafter.  It  shall  be  dated  as  of 
the  day  of  application,  and  no  person  shall  be  deemed  as  licensed  to 
whom  a  license  has  not  been  actually  issued. 

949.  Any  license  so  granted  may  be  revoked  by  the  city  council 
whenever  it  shall  appear  to  the  satisfaction  of  the  city  council  that 
the  party  so  licensed  shall  have  violated  any  provision  of  an}r  ordinance 
of  the  city  relating  to  spirituous,  vinous  or  malt  liquors,  or  any  con¬ 
dition  of  the  bond  aforesaid. 

950.  Any  person  licensed  under  the  provisions  of  this  article 
shall  immediately  cause  to  be  and  remain  posted  in  some  conspicuous 
place  in  the  room  or  bar  kept  for  such  purpose,  h;s  license. 

951.  No  person  shall  keep  open  any  such  place  on  the  first  day 
of  the  week,  commonly  called  Sunday,  nor  during  the  night  time 
between  the  hours  of  twelve  o’clock,  midnight,  and  six  a.  m.,  sharp, 
under  a  penalty  of  not  less  than  ten  nor  more  than  one  hundred  dol¬ 
lars  for  each  offense.  And  the  mayor  may,  in  his  discretion,  order  all 
such  places  closed  in  times  of  public  excitement,  or  on  election  days 


216 


CITY  ORDINANCES. 


or  National  holidays,  if  in  his  judgment  the  occasion  demands  it;  and 
at  such  times  it  shall  be  unlawful  for  any  person  to  keep  open  any 
such  place  under  a  penalty  not  exceeding  one  hundred  dollars  for 
each  offense. 

952.  No  license  under  the  provisions  of  this  article  shall  be 
issued  to  any  person  or  persons  to  keep  for  sale  any  liquors  of  any 
description  in  any  place,  under  ground  or  in  any  cellar  or  basement, 
unless  by  the  express  consent  of  the  city  council.  No  blinds  or 
serenes  shall  be  used  about  such  place  for  the  purpose  of,  or  which 
may  prevent  a  plain  view  of  such  place  from  the  street.  No  games 
of  any  kind  shall  be  permitted  at  or  within  such  place.  Every  sa¬ 
loon  or  place  kept  under  the  provisions  of  this  ordinance  wherein 
any  person  is  permitted  or  suffered  to  play  at  any  game  of  skill  or 
chance  for  money  or  other  valuable  thing  is  hereby  declared  to  be  a 
disorderly  house;  and  no  person  shall  keep  or  maintain  such  dis¬ 
orderly  house  under  a  penalty  of  not  less  than  ten  nor  more  than 
one  hundred  dollars  for  each  offense. 

953.  It  shall  be  unlawful  for  any  person  licensed  as  aforesaid,  his 
agent,  or  servant,  to  suffer  or  permit  any  unlawful  disturbance,  or 
quarrels,  or  affrays  of  an}7  kind  at  oi  within  any  place  kept  under  the 
provisions  of  this  article,  or  to  suffer  or  permit  any  such  place  so 
kept  to  become  a  resort  for  idle  or  dissolute  or  disorderly  persons,  or 
to  suffer  or  permit  any  drunken  or  intoxicated  person  to  be  in  or  about 
such  place;  and  any  person  licensed  as  aforesaid,  his  agent,  or  ser¬ 
vant,  guilty  of  a  violation  of  any  provision  of  this  section,  shall  be 
liable  to  a  penalty  of  not  less  than  five  nor  more  than  twenty-five  dol¬ 
lars  for  each  and  every  offense. 

95d.  it  shall  be  unlawful  for  any  person  licensed  as  aforesaid, 
his  agent,  or  servant,  to  sell,  barter,  or  give  away,  or  furnish  in  any 
way,  directly  or  indirectly,  any  intoxicating  liquors  of  any  kind  to 
any  minor  or  person  under  the  age  of  twenty-one  years;  and  any  per¬ 
son  so  licensed  who,  by  himself,  his  agent,  or  servant,  \  iolates  any 
provision  of  this  section,  shall  be  liable  to  a  penalty  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars  tor  each  and  every 
offense. 

955.  It  shall  be  unlawful  for  any  person  so  licensed,  his  agent, 
or  servant,  to  sell  or  to  give  any  intoxicating  liquor  to  any  drunken 
or  intoxicated  person,  or  to  any  person  who  is  in  the  habit  of  getting 
intoxicated;  and  any  person  who,  by  himself,  or  agent,  violates  any 
of  the  provisions  of  this  section,  shall  be  liable  to  a  penalty  of  not 
less  than  twenty  nor  more  than  one  hundred  dollars  for  each  and 
every  offense. 

956.  Whenever  the  wife,  or  any  other  relative  of  any  person 
habitually  addicted  to  the  use  of  intoxicating  drink,  1  y  notice  in 
writing,  personally  served,  shall  make  a  request  to  any  iquor  dealer 
not  to  sell,  or  in  any  manner  give  away  liquor  to  such  pc  <on,  it  shall 
thereafter  be  unlawful  for  such  liquor  dealer  to  sell  or  g  e  away  any 


CITY  OKDLNAJKCES. 


217 


liquor  to  such  person.  Any  person  violating  the  provisions  of  this 
section  shall  be  lined  in  a  sum  of  not  less  than  ten  dollars  nor  more 
than  fifty  dollars  for  each  and  every  offense. 

957.  Any  person  who  shall  hereafter  have  or  keep  any  tavern, 
grocery,  ordinary,  victualing  or  other  house  or  place  within  the  city, 
for  the  selling,  giving  away,  or  in  any  manner  dealing  in  any  vinous, 
spirituous,  ardent,  intoxicating  or  fermented  liquors,  in  quantities 
less  than  one  gallon;  or  who,  by  himself,  his  agents  or  servants,  shall 
sell,  give  away,  or  in  any  manner  deal  in  any  vinous,  spirituous,  ar¬ 
dent  or  fermented  liquors,  in  less  quantities  than  one  gallon,  without 
a  license  for  that  purpose  in  pursuance  hereof,  shall,  upon  conviction 
thereof,  be  subject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than 
two  hundred  dollars:  Provided ,  that  druggists  or  persons  whose  chief 
business  is  to’  sell  drugs  and  medicines,  shall  not  be  deemed  to  be 
within  the  provisions  hereof,  in  selling  quantities  less  than  as 
aforesaid,  for  purposes  purely  medical,  mechanical  or  sacramental 
when  such  druggist  shall  first  obtain  a  permit  in  writing  from  the 
city  council,  specifying  the  place  where  and  the  purposes  for  which 
such  permit  is  granted.  Such  permit  shall  be  for  one  year,  and  shall 
not  be  construed  to  authorize  any  druggist,  his  agent  or  servant,  to 
sell,  barter  or  give  away  any  intoxicating  liquors  of  any  kind  to  any 
person  for  any  other  purpose  except  for  the  purposes  enumerated  in 
this  section.  A  fee  of  ten  dollars  shall  be  charged  for  each  permit. 

958.  No  person  shall  hereafter,  by  himself,  his  agent  or  servant, 
solicit,  ask  or  take  any  order  from  any  person  or  persons  within  said 
city,  for  the  sale  or  delivery  of  any  vinous,  spirituous,  ardent,  intoxi¬ 
cating  or  fermented  liquors,  in  quantities  less  than  one  gallon,  at  any 
other  place  than  that  named  in  such  person’s  license,  or  sell,  offer  for 
sale  or  deliver  any  such  vinous,  spirituous,  ardent,  intoxicating  or 
fermented  liquors,  in  quantities  less  than  one  gallon,  at  any  other 
place  than  that  named  in  his  license,  within  the  city  of  Monmouth, 
under  the  penal t}T  of  not  less  than  fifteen,  nor  more  than  one  hun¬ 
dred  dollars  for  each  offense. 

Article  XXXVIII. 

.  SEAL. 

•  • 

959.  The  seal  heretofore  provided  and  used  hy  and  for  the  city 
of  Monmouth,  the  impression  on  which  is  circular  in  form  with  a 
representation  of  an  eagle  in  the  center,  with  the  inscription  “City 
of  Monmouth,  Illinois,”  on  the  outer  circle,  and  the  words  “Warren 
County”  on  the  center  of  said  circle,  shall  be,  and  is  hereby  estab¬ 
lished  and  declared  to  have  been,  and  now  to  be,  the  seal  of  the  city 
of  Monmouth. 


218 


city  ordinances. 


A  RT1CLE  XXXIX. 


SIDEWALKS. 

960.  All  sidewalks  which  may  hereafter  be  ordered  by  the  city 
council,  shall  be  constructed  under  the  direction  and  to  the  satisfac¬ 
tion  of  the  superintendent  of  streets. 


961.  No  part  or  portion  of  any  sidewalk  where  the  grade  has 
been,  established  shall  be  laid  or  relaid  at.  any  different  grade  or  any 
other  level  than  the  adjacent  portions  of  such  sidewalks,  and  for 
every  violation  of  this  section,  there  is  hereby  imposed  upon  the  per¬ 
son  violating  the  same  a  penalty  of  not  less  than  five  nor  more  than 
twenty  dollars,  and  shall  also  alter  said  sidewalk  so  as  to  make  the 
same  conform  to  the  established  grade,  and  in  case  he  neglects  and 
refuses  so  to  do  within  a  reasonable  time,  jt  shall  be  lawful  for  the 
superintendent  of  streets  to  alter  the  same,  and  the  costs  and  expenses 
of  the  same  shall  be  paid  by  such  owner  and  may  be  recovered  from 
him  in  an  action  in  the  name  of  the  city. 


962.  Sidewalks,  shall  be  constructed  so  as  to  incline  upward 
from  the  outer  edge  of  the  sidewalk  towards  the  buildings  or  bound¬ 
ary  of  the  lot  at  the  rate  of  one  inch  in  three  feet,  and  whenever  any 
sidewalk  shall  be  ordered  by  the  city  council  to  be  made  or  repaired, 
where  such  order  does  not  contain  the  specification  thereof,  or  other¬ 
wise  direct,  such  sidewalk  shall  be  constructed  of  two  inch  planks, 
not  less  than  eight  inches  wide,  laid  upon  oak  stringers,  not  less  than 
three  by  four  inches;  the  stringers  to  be  placed  not  to  exceed  four 
feet  apart,  with  the  ends  resting  on  stone;  said  sidewalk  to  be  not  less 
than  four  feet  in  width.  The  materials  and  construction  of  said  side¬ 
walk  shall  be  under  the  supervision  and  subject  to  the  approval  of 
the  superintendent  of  streets;  Provided,  that  nothing  contained  here¬ 
in  shall  be  construed  to  prevent  any  person  from  constructing  per¬ 
manent  stone  or  brick  sidewalks.  And  any  person  or  persons  or  cor¬ 
poration  who  shall  construct,  or  attempt  to.  construct  or  repair  any 
sidewalk  in  said  city,  contrary  to  the  provisions  of  this  section,  or 
contrary  to  any  ordinance  of  the  city  council,  ordering  and  locating 
such  sidewalk,  shall,  on  conviction  thereof,  be  fined  in  any  sum  not 
less  than  five  dollars  nor  more  than  fifty  dollars. 


963.  No  person  shall  be  allowed  to  occupy  or  use  for  vaults, 
areas  or  other  purposes  the  space  beneath  the  sidewalks  included  with¬ 
in  the  sidewalk  lines  of  any  street  in  said  city,  unless  a  permit  there¬ 
for  shall  have  first  been  obtained  from  the  city  council;  such  permits 
to  continue  and  be  issued  only  upon  the  condition  that  the  party  re¬ 
ceiving  the  same  shall,  as  a  compensation  for  the  privileges  granted 
by  said  permit  build,  maintain  and  keep  in  repair  a  sidewalk  over 
such  space  intended  to  be  used  for  vaults,  areas  or  other  purposes; 


CITY  OKDLNAJN'CEtt.  219 

such  sidewalks  to  be  of  the  material  and  constructed  in  the  manner 
particularly  specified  in  such  permit. 

964  Such  permits  shall  specify  in  general  terms  the  purposes 
for  which  the  spaces  under  the  sidewalks  shall  be  used,  and  shall  also 
contain  a  condition  that  upon  the  failure  to  construct,  maintain  or 
repair  such  sidewalk  in  accordance  with  any  order  that  may  from 
time  to  time  he  given  by  the  superintendent  of  streets  or  city  council, 
the  permit  may  be  declared  annulled,  and  that  all  rights  and  privi¬ 
leges  under  such  permit  shall  cease  from  the  time  such  permit  shall 
be  declared  annulled. 

965.  No  boiler,' furnace  or  cesspool  shall  be  constructed  or  located 
for  use,  unless  by  permit,  under  any  sidewalk  in  this  city,  and  no  exca¬ 
vation  when  permitted  shall  be  ventilated  into  the  streets,  unless  the 
aperture  or  ventilating  hole  or  opening  shall  be  securely  covered  as 
herein  provided. 

966.  Every  opening  in  any  vault  or  coal  liofe  or  aperture  in  the 
sidewalk  over  said  coal  hole  or  vault,  shall  be  covered  with  a  substan¬ 
tial  plate  with  a  rough  surface  to  prevent  accidents,  and  the  entire 
construction  of  said  coal  holes  and  vaults  shall  be  subject  to  the  direc¬ 
tions  and  supervision  of  the  superintendent  of  streets,  or  such  other 
person  as  the  city  council  may  designate. 

967.  The  owner  and  tenant  of  the  abutting  estate,  in  front  of 
which  the  coal  hole  or  vault  is  thus  permitted  to  be  constructed,  shall 
be  held  responsible  to  the  city  for  any  and  all  damages  to  persons  or 
property  in  consequence  of  any  defect  in  construction  of  such  vault 
or  coal  hole  or  aperture  leading  thereto,  or  by  reason  of  lack  of  repair 
of  the  same,  or  by  reason  of  any  coal  hole  or  aperture  leading  thereto 
being  left  open. 

*  • 

968.  Any  person  who  shall  keep  or  leave  open  any  cellar  door 
or  grating  of  any  vault  on  any  highway  or  sidewalk,  or  suffer  the 
sam^  to  be  left  or  kept  open,  shall  be  subject  to  a  fine  of  not  exceed¬ 
ing  fifty  dollars  in  every  case.  It  shall  be  the  duty  of  all  policemen 
to  take  note  oi  all  defects  in  sidewalks,  and  when  out  of  repair  report 
the  same  to  the  superintendent  of  streets,  and  see  to  the  enforcement 
of  this  article. 

969.  No  person  while  receiving  or  delivering  goods,  wares,  or 
merchandise  shall  permit  the  same  to  remain  on  an}"  sidewalk  longer 
than  two  hours,  and  he  shall  leave  at  least  four  feet  of  the  outer  edge 
of  the  sidewalk  for  a  passage-way  in  front  of  his  store  or  building. 

970.  No  person  or  persons  shall  push  or  draw  back  any  horse, 
wagon,  cart  or  other  vehicle  over  any  sidewalk,  or  use,  ride,  or  drive 


220 


CITY  ORDINANCES. 


any  horse,  wagon,  sled,  or  sleigh  thereon,  unless  it  be  in  crossing  the 
same  to  go  into  a  yard  or  lot  where  no  other  suitable  crossing  or 
means  of  access  is  provided,  under  the  penalty  of  not  less  than  one 
nor  more  than  ten  dollars  for  each  offense. 

971.  All  crosswalks  in  the  city  shall  be  kept  reserved  free  from 
any  sleighs,  wagons,  carts,  or  carriages,  or  horses,  or  other  animals 
being  placed  or  suffered  to  stand  thereon,  except  so  far  as  may  be 
necessary  in  crossing  the  same;  and  the  owner  or  driver  of  any  sleigh, 
wagon,  cart,  or  other  carriage,  or  horse  or  other  animal  offending 
herein  shall  forfeit  and  pay  a  penalty  ot  not  less  than  two  dollars. 

972.  No  person  shall  drive,  or  back,  or  lead  any  horse  or  cart  or 
other  wheel  carriage  on  the  footpath  or  sidewalk  of  any  street  under 
the  penalty  of  five  dollars  for  each  offense. 

•  « 

973.  No  clothing,  goods,  wares,  merchandise,  signs,  boxes,  or 
other  article  or  thing  shall  'be  placed  in  front  of  any  store,  shop,  or 
other  place  in  said  city,  or  on  or  above  the  sidewalk,  so  as  to  occupy 
more  than  three, feet  next  to  the  buildings  or  premises  on  such  side¬ 
walk;  and  when  placed  on  the  sidewalk  such  articles  shall  not  be  more 
than  five  feet  high  above  the  top  of  the  sidewalk,  and  when  placed  or 
suspended  above  the  top  of  the  sidewalk  shall  be  so  placed  or  hung 
that  the  lowest  part  of  such  articles  shall  be  at  least  eight  feet  above 
the  top  of  the  sidewalk,  and  shall  not  swing  more  than  three  feet 
from  the  building  or  boundary  line  of  the  lot. 

974.  No  person  shall  erect  any  booth,  or  establish,  or  fix  any 
stand  for  the  sale  of  fruit,  books,  or  other  merchandise,  or  any  article 
or  thing  of  value  whatever,  encumbering  any  part  or  portion  of  the 

•  streets  or  sidewalks  without  a  license  or  permit  so  to  do.  In  all  cases 
where  license  is  issued  under  the  provisions  of  this  section. the  license 
fee  shall  be  as  follows: 

For  the  sale  of  ice  cream,  confectionery,  fruit,  lemonade,  sweet 
cider,  or  beverages  of  any  kind,  not  intoxicating,  for  one  day,  three 
dollars. 

For  the  sale  of  any  other  article  of  merchandise,  or  things  of 
value  whatever,  two  dollars  per  day. 

975.  All  awnings  hereafter  erected  shall  be  elevated  at  least 
eight  feet  at  the  lowest  part  thereof  above  the  top  of  the  sidewalk 
No  wooden  awnings  shall  hereafter  be  erected  or  repaired  within  the 
fire  limits  of  the  city  of  Monmouth,  nor  shall  any  awning  be  con¬ 
structed  within  said  limits  except  the  same  be  hung  upon  iron  frames 
or  upon  frames  made  of  fire-proof  material. 


(JJLT  X  UKiJiJtf  AJSTO.E&. 


221 


976.  No  person  shall  at  any  time  fasten  any  horse  or  horses  in 
such  a  way  that  the  horse,  vehicle,  reins,  or  lines,  shall  be  an  obstacle 
to  the  free  use  of  the  sidewalk  under  a  penalty  of  one  dollar  for  each 
offense,  and  the  person  in  whose  possession  or  use  such  horse  or  horses 
shall  then  be  shall  be  deemed  the  offender,  unless  he  can  prove  the 
contrary  to  the  satisfaction  of  the  magistrate  before  whom  he  shall 
be  prosecuted. 

977.  It  shall  be  unlawful  for  any  person  to  run,  ride,  or  impel 
any  velocipede  or  bicycle  upon  any  sidewalk  or  pavement  within  the 
limits  of  the  city;  or  for  any  person  to  roll,  trundle,  or  propel  any 
rolling  hoops,  or  coast,  slide,  or  skate  upon  any  sidewalk  or  pavement 
within  the  city,  under  a  penalty  of  not  less  than  one  nor  more  than 
th  ree  dollars  for  each  offense. 

Article  XL. 

STEAM  WHISTLES. 

978.  No  person  shall  blow  or  cause  to  be  blown  the  steam  whis¬ 
tle  of  any  locomotive  within  the  limits  of  the  city  of  Monmouth  for 
any  purpose,  except  for  necessary  signals  in  operating  trains,  and  to 
avoid  collisions,  or  in  cases  of  imminent  danger. 

979.  No  person  shall  blow  or  cause  to  be  blown  within  the  city 
limits  of  the  city  of  Monmouth  the  steam  whistle  of  any  stationary 
engine  as  a  signal  for  commencing  or  suspending  work,  or  for  any 
other  purpose,  except  the  same  be  done  in  a  manner  so  as  not  to  cause 
a  nuisance  or  become  a  disturbance  by  being  blown  for  a  longer  period 
of  time,  or  in  a  louder  manner  than  is  reasonably  necessary  to  convey 
such  signal  to  persons  upon  the  streets  of  the  city. 

980.  Nothing  in  this  article  contained  shall  be  construed  as  for¬ 
bidding  the  use  of  steam  whistles  as  alarm  signals  in  case  of  fire  or 
collision,  or  other  imminent  danger,  nor  for  the  necessary  signals  by 
the  steam  engines  of  the  fire  department  of  the  city. 

981.  Any  violation  of  or  failure  to  comply  with  any  provision 
of  this  article  shall  be  punished  by  a  hue  not  less  than  five  nor  more 
than  one  hundred  dollars. 


Article  XL  I. 

STOVE  PIPES. 

982.  It  shall  not  hereafter  be  lawful  for  any  person  to  erect  or 
use  any  stove  or  stove  pipe  in  the  city  of  Monmouth,  except  in 
accordance  with  the  following  provisions  of  this  article: 

983.  No  part  of  any  stove  pipe  shall  be  placed  or  suffered  to 
remain  within  the  distance  of  three  inches  from  any  wood  or  wood 
work  whatever. 


222 


CITY  OKDLNA.NORS. 


984.  Every  stove  pipe  in  its  passage  through  any  ceiling,  floor, 
partition,  wall,  or  roof  shall  be  secured  in  its  position  at  every  such 
passage  by  plates  of  tin  or  iron,  or  by  means  of  cut  stone  or  earthen 
ware  safes,  and  all  horizontal  pipes  or  portion  of  pipes  not  perpendic¬ 
ular  shall  be  supported  by  wires  or  other  proper  supporters  so  as  to 
prevent  all  danger  of  the  falling  of  such  pipes. 

985.  No  stove  pipe  shall  terminate  or  discharge  at  any  distance 
less  than  three  feet  from  the  roof  of  any  woodwork  of  any  other 
buildings,  nor  discharge  toward  any  building  so  as  to  endanger  the 
same,  nor  into  any  street  or  alley. 

986.  Any  person  who  shall  violate  any  of  the  provisions  of  this 
article  shall,  on  conviction  thereof,  be  fined  nort  less  than  two  dollars 
for  each  offense. 

987.  It  shall  be  the  express  duty  of  the  fire  marshal  ol  said  citjr 
to  see  that  this  article  is  enforced. 

Article  XL! I. 

STREETS. 

988.  The  streets,  alleys  and  sidewalks  in  the  city  of  Monmouth 
shall  bs  kept  tree  and  clear  from  all  obstructions,  incumbrances  and  en¬ 
croachments  for  the  use  of  the  public,  and  shall  not  be  used  or 
occupied  in  any  other  way  than  is  herein  provided  in  this  article. 

989.  The  fire  department  of  the  city  shall  have  the  exclusive 
right  of  way  of  any  and  all  streets  at  the  time  of  any  lire  or  alarm  of 
fire,  for  going  to  and  from  such  fire,  or  alarm  of  fire,  with  aii3T  wagon, 
engine,  truck  or  vehicle  to  be  used  in  and  about  the  business  of  ex¬ 
tinguishing  fires. 

990.  No  person  shall  injure  or  tear  up  any  pavement,  side  or 
crosswalk,  or  any  part  thereof,  dig  any  hole,  ditch  or  drain  in,  or  dig 
or  remove  any  sod,  stone,  earth,  sand  or  gravel  from  any  street.  alle}T 
or  public  ground  in  the  city  of  Monmouth,  without  having  first  ob¬ 
tained  written  permission  from  the  superintendent  of  streets;  or 
hinder  or  obstruct  the  making  or  repairing  any  public  improvement 
or  work  ordered  by  the  city  council,  or  being  done  under  lawful  au¬ 
thority  for  the  ci of  Monmouth,  under  the  penalty  for  each  offense 
of  not  less  than  two  dollars  nor  more  than  one  hundred  dollars. 

991.  Any  person,  company  or  corporation,  who  shall  incumber 
or  obstruct,  or  cause  to  be  incumbered  or  obstructed  any  stfreet,  alley, 
or  other  public  place  in  said  city,  by  placing  therein  or  thereon  any 
building  materials,  or  any  article  or  thing  whatsoever,  without  having 
first  obtained  written  permission  from  the  superintendent  of  streets, 
shall  be  subject  to  a  penalty  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  each  offense,  and  a  further  penalty  of  two  dol- 


CITY  OKPINANCES.  223 

lars  for  each  day  or  part  of  a  day  such  incumbrance  or  obstruction 
shall  continue. 

992.  The  superintendent  of  streets  may  give  permission  to  any 
person  or  corporote  body,  to  make  excavations  on  any  street  or  alley, 
aud  to  take  up  any  pavement  or  sidewalk  for  the  purpose  of  laying 
any  drain  or  sewer,  gas-  or  water  pipe.  Any  persons  or  corporations 
availing  themselves  of  such  permission,  shall,  as  speedily  as  practi¬ 
cable,  cause  such  street,  alley  or  other  highway,  pavement  or  sidewalk, 
to  be  placed  in  as  good  and  permanent  condition,  and  as  suitable  for 
travel,  as  it  was  before  being  excavated. 

993.  In  all  cases  where  excavations  are  made  under  the  authori¬ 
ty  of  this  article,  it  shall  be  the  duty  of  the  party  or  parties  making 
the  same,  to  have  the  sides  of  the  excavations  protected,  without  any 
delay,  by  suitable  barriers,  and  to  take  every  precaution  against  ac¬ 
cident  or  injury  to  persons  or  animals. 

99d.  Any  persons  violating  the  provisions  of  this  article,  not 
otherwise  provided  for,  shall  be  subject  to  a  penalty  of  not  more  than 
one  hundred  dollars,  and  if  such  street  or  other  public  highway  is  not 
relaid  in  as  good  and  substantial  a  manner  as  before  such  excavation, 
the  city  shall  have  the  right  to  repair  or  relay  the  same,  and  recover  the 
cost  of  such  repairs  by  civil  action  against  the  person  or  body  whose  duty 
it  was  to  make  the  same.  Where  a  corporation  is  proceeded  against 
for  a  violation  of  the  provisions  of  this  article  any  judgment  rendered 
against  it,  either  in  the  way  of  fines  or  otherwise,  may  be  collected  in 
the  way  that  ordinary  judgments  are  collected. 

995.  No  person  shall  in  any  of  the  streets,  lanes,  avenues  or  al¬ 
leys  of  the  said  city,  or  upon  the  public  square  therein,  make  or 
kindle  any  fires  without  first  having  obtained  permission  from  the 
superintendent  of  streets,  and  every  person  so  offending,  shall,  on 
conviction  thereof,  forfeit  and  pay  a  sum  not  exceeding  ten  dollars 
nor  less  than  one  dollar  for  each  and  every  offense. 

996.  If  .any  person  or  persons  shall  disturb  the  peace  or  quiet  of 
any  street,  avenue,  lane  or  neighborhood,  or  any  family  or  person  or 
persons,  by  playing  the  game  ‘‘Jack,  lie  low,”  shinney.  or  any  other 
games,  or  foot  racing,  chasing,  or  hallooing,  every  such  offender  shall 
be  deemed  guilty  of  a  breach  of  this  article,  and  on  conviction  shall 
forfeit  and  pay  any  sum  not  exceeding  five  dollars  nor  less  than  one 
dollar. 

997.  No  driver  of  any  team  shall  stop  the  same  in  any  street, 
lane  or  alley  in  the  city  of  Monmouth,  so  as  to  prevent  other  teams 
from  passing  at  all  times,  unless  in  cases  of  absolute  necessity,  nor 
shall  any  such  driver  stop  any  team  at  the  regular  crossings  of  said 
streets  so  as  to  prevent  free  passage  for  foot  passengers;  and  all  per¬ 
sons  who  shall  violate  this  section  shall,  on  conviction  thereof,  be 


224 


CITY  OttLil.NA.NOEb, 


fined  in  any  sum  not  more  than  twenty-five  dollars  nor  less  than  one 
dollar. 

998.  It  shall  be  unlawful  tor  any  person  to  build,  erect  or  place 
upon  any  street,  alley,  avenue,  public  ground  or  sidewalk  within  the 
city,  any  house,  cellar,  stable,  shed,  pen,  fence,  foundation  or  any 
other  structure  or  thing,  except  as  otherwise  provided  in  this  or¬ 
dinance,  under  a  penalty  of  not  less  than  three  nor  more  than  twenty 
five  dollars  for  each  offense. 

999.  It  shall  be  unlawful  for  any  person  to  build  or  place  any  privy 
within  fifteen  feet  of  the  line  of  any  public  street  or  avenue  in  the 
city,  under  the  penalty  of  not  less  than  five  nor  more  than  twenty 
dollars  for  each  offense. 

1000  All  gates  swinging  upon  the  line  of  any  street  or  avenue 
within  the  city  of  Monmouth,  shall  be  so  constructed  as  not  to  swing  or 
open  upon  the  street  or  avenue,  and  any  person,  the  owner  or  tenant  of 
any  premises  or  lot,  who  shall  keep  or  maintainor  permit  any  gate  to 
so  swing,  contrary  to  the  provisions  of  this  article,  shall  be  liable  to 
a  penalty  of  not  less  than  one  dollar  for  each  and  every  offense,  and 
a  like  additional  penalty  for  every  day  such  violation  shall  be  con¬ 
tinued  after  notice  from  the  street  superintendent  or  cityr  marshal  in 
regard  to  the  same. 

% 

Article  XL  If  I. 

STREET  LABOR. 

1001.  Every  male  inhabitant  of  the  city  over  the  age  of  twenty- 
one  years  and  under  the  age  of  fifty  years  is  hereby  required  to  labor 
on  the  streets,  lanes,  avenues,  or  alleys  under  the  direction  of  the 
superintendent  of  streets,  not  exceeding  two  days  in  each  and  every 
year;  and  any  person  failing  to  perform  such  labor,  after  having  had 
"three  days  notice  of  the  time  and  place,  when  and  where,  and  with 
what  tools  he  is  required  to  labor,  shall  forfeit  and  pay  for  the  use  of 
said  city,  for  each  and  every  day  he  shall  fail  to  perform  such  labor, 
twenty-five  cents:  Provided,  however ,  that  the  superintendent  of 
streets  may  commute  for  such  labor  at  the  rate  of  seventy-five  cents 
per  day. 

1002.  It  shall  be  the  duty  of  the  superintendent  of  streets  to 
notify,  between  the  first  day  of  May  and  the  first  day  of  September 
in  each  year,  all  persons  required  to  labor  on  the  streets  of  the  time 
and  place,  when  and  where,  and  of  the  tools  with  which  they  shall 
perform  such  labor,  which  notice  may  be  served  by  any  officer  author¬ 
ized  to  serve  process  in  the  city. 

1003.  Each  person  liable  to  perform  road  labor  within  the  city 
shall  in  person  or  substitute  perform  the  same,  and  in  default  them  t 
shall  be  subject  to  the  penalty  provided  for  by  the  first  section  of  this 


CITY  ORDINANCES. 


225 


article:  Provided,  however,  if  such  person  prefer  so  to  do,  he  can 
pay  to  the  superintendent  of  streets  at  any  time  prior  to  the  time  he 
'  shall  be  required  to  perform  such  road  labor,  the  sum  of  one  dollar 
and  fifty  ceuts,  which  shall  be  received  in  full  satisfaction  for  such 
road  labor. 

1004.  The  superintendent  of  streets  shall,  on  or  before  the  first 
da}T  of  September  in  each  year,  notify  the  city  attorney  of  all  persons 
who  have  failed,  after  due  notice,  to  perform  the  labor  required  by 
this  article,  or  in  lieu  ot  such  labor  to  pay  the  amount  of  commuta¬ 
tion  provided  by  statute:  and  it  shall  be  the  duty  of  the  city  attorney 
to  proceed  to  bring  suits  against  such  persons  for  the  violation  of  this 
article. 


Article  XL1V. 

STANDING  COMMITTEES  OF  THE  CITY  COUNCIL. 

1005.  The  standing  committees  of  the  city  council  shall  be 
appointed  annually  by  the  mayor  at  the  first  regular  meeting  of  the 
council  in  May ,  or  as  soon  thereafter  as  may  be.  Each  standing  com¬ 
mittee  shall  consist  of  three  aldermen,  who  shall  continue  as  members 
of  such  committee  until  the  next  annual  organization  of  the  council, 
unless  in  case  of  removal  by  resignation  or  otherwise. 

4  1000.  The  standing  committees  shall  be  as  follows: 

On  Finance. 

On  Streets  and  Alleys. 

On  Fire  and  Water. 

On  Auditing. 

On  Police. 

On  Ordinances  and  Printing. 

On  Public  Buildings  and  Grounds. 

On  Miscellaneous  Business  and  Gas. 

Article  XLV. 
trees. 

1007.  It  an}r  trees  shall  be  suffered  by  the  owner  or  occupant  ot 
the  premises  to  grow  in  such  a  manner  as  to  obstruct  the  reflection  of 
the  public  lamps,  it  shall  be  the  duty  of  the  superintendent  of  streets 
to  notify  the  owner  or  occupant  of  the  premises  forthwith  to  trim  the 
same  in  the  manner  to  be  specified  in  the  notice. 


> 


CITY  ORDINANCES. 


226 

1008.  If  any  person  shall  refuse  or  neglect  to  comply  with  such 
notice,  it’shall  be'theMuty  of  the^said^superintendenfc^to  cause  such 
trees  to  be  trimmed,  and  the  person  so  refusing  or  neglecting  shall  be 
subject  to  a  penalty  of  one  dollar  for  each  tree  he  was  so  notified,  and 
refused  or  neglected  to  trim. 

1009.  No  person  other  than  the  owner  of  the  abutting  property 
shall  cut  down,  destroy,  break,  or  in  any  way  injure  any  tree  or  shrub 
standing  in  any  street  or  public  place,  except  by  permission  of  the 
city  council  or  the  superintendent  of  streets,  under  the  penalty  of  not 
less  than  five  dollars  for  each  offense. 

1010.  All  trees  kept,  maintained,  or  cultivated  in  any  of  the 
streets  or  public  places  of  the  city,  shall  have  the  boughs  or  branches 
cut  or  trimmed  close  to  the  trunk  of  the  tree,  at  least  ten  feet  above 
the  ground;  and  it  shall  not  be  lawful  to  keep,  maintain,  or  cultivate 
trees' in  any  of  the  streets  or  other  public  places  in  the  city  excepting 
in  the  manner  provided  in  this  section  under  the  penalty  of  one  dollar 
for  each  offense. 

1011.  All  trees  placed  upon  the  line  of  any  sidewalk  in  said  city 
shall  be  set  at  least  six  feet  and  not  exceeding  nine  feet  from  the  in¬ 
side  line,  and  all  such  trees  shall  be  placed  at  least  twenty  feet  apart; 
any  person  violating  this  section  shall  forfeit  and  pay  not  less  than 
one  nor  more  than  twenty-five  dollars  for  every  offense. 

1012.  Any  person  who  shall  hitch,  fasten  or  tie  any  horse,  mule, 
ass,  or  cattle  to  any  shade  tree  growing  in  any  of  the  streets  in  the 
city  of  Monmouth,  or  to  any  boxing  placed  around  said  tree,  shall, 
on  conviction  thereof,  be  fined  in  any  sum  not  exceeding  twenty  dol¬ 
lars  nor  less  than  one  dollar. 

Article  XL VI. 

SUPPLIES. 


1013.  All  supplies*  for  the  use  of  the  city,  where  the  cost  of  the 
same  is  less  than  fifty  dollars,  shall  be  purchased  by  the  head  of  the 
department  requiring  the  same,  except  as  otherwise  provided  in  this 
ordinance,  or  ordered  by  the  council.  The  purchase  of  all  supplies, 
the  cost  of  which  is  over  fifty  dollars,  shall  first  be  ordered  by  the 
city  council,  and  shall  be  made  by  the  heads  of  the  departments  re¬ 
quiring  the  same,  or  such  other  officer  or  committee  as  the  council 
may  order  ;  Provided ,  that  in  cases  of  an  emergency,  the  purchase  of 
supplies,  the  cost  of  which  is  over  fifty-  dollars,  may  be  made  by  the 
head  of  the  department  requiring  the  same.  The  head  of  the  de¬ 
partment,  officer,  or  other  person  making  any  purchase  as  herein  pro¬ 
vided,  shall  certify  to  the  bills  tor  the  same  when  presented  for 
payment. 


V 


CITY  ORDINANCES.  227  ■ 

Article  XLVII. 


WARDS. 

1014.  The  city  of  Monmouth  is  hereby  divided  into  five  wards, 
as  follows  : 

1015.  First  Ward. — The  boundaries  and  limits  of  the  first 
ward  shall  be  as  follows:  McClanahan  street  on  the  north,  Center 
street  on  the  east,  Locust  street  and  the  main  line  of  the  C.,  B.  &  Q. 
R.  R.  on  the  south,  and  West  avenue  on  the  west;  and  all  that  por¬ 
tion  of  the  city  lying  within  said  boundaries  shall  constitute  the  first 
ward. 

1016.  Second  Ward. — The  boundaries  and  limits  of  the  second 
ward  shall  be  as  follows:  Commencing  at  the  northeast  corner  of  the 
city  limits,  running  thence  south  to  Warren  street,  thence  west  to 
Center  street,  thence  north  to  a  point  on  a  line  with  McClanahan 
street,  thence  west. to  and  along  McClanahan  street  to  East  street, 
thence  north  to  the  city  limits,  thence  east  to  the  place  of  beginning; 
and  all  that  portion  of  the  city  lying  within  said  boundaries,  shall 
constitute  the  second  ward. 

1017.  Third  Ward. — The  boundaiies  and  limits  of  the  third 
ward  shall  be  as  follows:  Commencing  at  the  northwest  corner  of  the 
city  limits,  running  thence  east  to  East  street,  thence  south  to  Mc- 
Clanahan  street,  thence  west  to  West  avenue,  thence  south  to  War¬ 
ren  street,  thence  \vest  to  the  city  limits,  thence  north  to  the  place  of 
beginning;  and  all  that  portion  of  the  city  lying  within  said  bound¬ 
aries,  shall  constitute  the  third  ward. 

1018.  Fourth  Ward. — The  boundaries  and  limits  of  the  fourth 
ward  shall  be  as  follows:  Commencing  at  the  southwest  corner  of  the 
city  limits,  running  thence  north  to  a  point  on  a  line  with  Warren 
street,  thence  east  to  West  avenue,  thence  south  to  the  main  line  of 
the  C.,  B.  &  Q.  R.  R.,  thence  east  to  East  street,  thence  south  to 
the  city  limits,  thence  west  to  the  place  of  beginning;  and  all  that 
portion  of  the  city7  lying  within  said  boundaries,  shall  constitute  the 
fourth  ward. 

1019.  Fifth  Ward. — The  boundaries  and  limits  of  the  fifth  ward 
shall  be  as  follows:  Commencing  at  the  southeast  corner  of  the  city 
limits,  running  thence  north  to  Warren  streets,  thence  west  to  Center 
street,  thence  south  to  Locust  street,  thence  west  to  East  street,  thence 
south  to  the  city  limits,  thence  east  to  the  place  of  beginning;  an<J 
all  that  portion  of  the  city  lying  within  said  boundaries,  shall  con¬ 
stitute  the  fifth  ward. 


128 


CITY  ORDINANCES. 


Article  XLVIIT. 

1020.  All  public  or  general  ordinances,  or  parts  thereof,  not 
included  in  this  ordinance,  are  hereby  repealed,  so  far  as  they  conflict, 
or  are  inconsistent  with  the  provisions  of  this  ordinance.  Private  or 
special  ordinances,  orders,  and  resolutions  of  the  city  council,  are  not 
repealed,  unless  repugnant  to  the  provisions  of  this  ordinance. 

1021.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed,  March  12,  1883. 

Approved,  March  13,  1883. 

Ordered  printed  and  published  in  book  form  by  the  city  council 
of  the  city  of  Monmouth.  March  12.  1883. 


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ORDINANCES. 


SPE0IAL  LAWS  AND  ORINANSES. 


PUBLIC  SCHOOLS. 

The  common  schools  of  the  city  of  Monmouth  are  now  and  have 
been  since  1869  under  the  control  ot  a  board  of  five  directors.  Prior 
to  that  time  they  were  under  the  control  of  a  board  of  three  directors. 


By  the  statutes  of  1855,  p.  114,  sec.  7,  “  Each  congressional 
township  is  hereby  established  a  township  for  school  purposes.  The 
business  of  the  township  shall  be  done  by  three  trustees  *  *  who 

*  *  *  shall  be  a  body  politic  and  corporate  by  the  name  and  style 

of  trustees  of  schools  of  township - ,  range  — — .” 

Ibid,  see.  10.  “Trustees  of  schools  shall  lay  off  the  township 
into  one  or  more  districts  to  suit  the  wishes  and  convenience  of  a 
majority  of  the  inhabitants  of  their  township.”  *  *  * 

Laws  of  1861,  p.  189,  sec.  2.  Directors  elected. — The  annual  election 
of  school  directors  shall  be  on  the  first  Monday  in  August,  when  one 
director  shall  be  elected  in  each  district,  who  shall  hold  his  office  for 
three  years,  and  until  his  successor  is  elected.  *  *  * 


In  1869  the  following  special  act  was  passed : 

AN  ACT  in  relation  to  the  Common  Schools  in  the  City  of  Monmouth. 


Section  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois 
represented  in  the  General  Assembly ,  That  in  school  district  number 
nine  (9)  in  township  number  eleven  (11)  north,  of  range  number  two 
(2)  west,  of  the  fourth  principal  meridian,  and  being  the  school  dis¬ 
trict  in  which  the  city  of  Monmouth,  in  the  county  of  Warren,  is 
situated,  there  shall  hereafter  be  elected  two  school  directors  for  said 
district  in  addition  to  the  three  school  directors  for  said  district  as 
now  provided  by  law. 


2.  That  at  the  first  election  for  school  directors  in  said  dis¬ 
trict,  after  the  passage  of  this  act,  there  shall  be  elected  three  direct¬ 
ors,  one  of  whom  shall  be  elected  from  the  east  ward  or  subdivision 
of  said  district,  one  from  the  west  ward  or  subdivision  of  said  district, 
and  one  from  the  city  at  large — one  of  whom  shall  be  elected  for  the 
term  of  one  year,  and  the  other  two  for  the  term  of  three  years,  to 
be  determined  by  lot  among  the  three;  and  at  all  subsequent  elections 
there  shall  be  one  director  elected  from  each  of  said  wards  or  subdi¬ 
visions.  and  one  from  the  city  at  large,  as  vacancies  may  occur,  and 


SPECIAL  LAWS  AKD  OKDiJN ANDES. 


in  the  manner  now  provided  by  law;  and,  when  so  elected,  shall  hold 
their  office  for  the  term  of  three  years.  The  director  so  elected  from 
the  cit}r  at  large  shall  be  the  president  of  said  board  of  directors. 

Sec.  3.  The  director  for  each  of  said  wards  or  subdivisions  shall, 
under  the  control  of  the  board  of  directors,  have  the  care  and  super¬ 
vision  of  the  schools  in  such  ward  or  subdivision:  Provided,  that 
said  directors  shall  have  the  right  to  employ  a  superintendent  tor  all 
the  schools  of  the  district  whenever,  in  their  judgment,  the  interests 
of  the  schools  shall  require  such  superintendent:  And  prodded,  also, 
that  the  said  board  of  directors  shall  have  the  authority  to  pay  the 
clerk  or  secretary  of  said  board  such  reasonable  compensation  for  his 
services  as  may  be  just. 

Sec.  d.  That  so  much  of  the  general  school  law  of  the  state  as 
is  in  conflict  herewith  is  hereby  repealed;  and  this  act  shall  be  deemed 
a  public  act,  and  shall  be  in  force  from  and  after  its  passage. 

It  is  in  the  power  of  the  people  of  the  city  under  the  provisions 
of  the  act  referred  to  herein,  to  abandon  the  present  board  of  five 
directors  and  substitute  in  their  place  a  board  of  education  composed 
of  six  members  [  see  ante  secs,  ■dd,  ■>  /•>]  two  of  whom  would  be  elected 
annually  and  so  classed  that  the  term  of  service  would  be  three  years. 
Until  such  change  takes  place,  sections  331  to  339.  inclusive,  will 
not  be  in  force. 


CEMETERY. 

AN  ORDINANCE  relating  to  the  cemetery  grounds.  [Passed  August  7th,  1858.] 

Be  it  ordained  by  the  City  Council  of  the  city  of  Monmouth: 

Section-  1.  That  the  survey  of  the  cemetery  ground,  situated 
upon  the  northeast  quarter  of  section  twenty-nine  (29),  in  township 
eleven  (11),  north  of  range  two  (2),  west  of  the  fourth  principal 
meridial.  as  made  and  platted  b}T  W  illiam  M.  Mason,  shall  be,  and  is 
hereby  adopted  and  established  as  the  legal  survey  of  said  cemetery 
ground. 

************ 

AN  ORDINANCE  in  relation  to  vacating  certain  alleys  in  city  cemetery.  TPassed 

October  5th,  1861.]  L 

Be  it  ordained  by  the  City  Council  of  the  city  of  Monmouth: 

Section  1.  That  the'four  foot  alley  referred  to  in  the  petition 
of  I.  .Quinby,  which  separates  two  lots  in  the  new  cemetery,  desig¬ 
nated  as  lots  89  and  9d,  in  block  8,  be,  and  is  hereby  annulled  and 
permanently  vacated;  and  in  all  similar  cases  where  persons  owning 
lots  separated  by  a  four  foot  alley,  desire  to  improve  them  as  one,  the 
said  alley  shall  be  vacated;  Provided,  always,  that  the  vacation  of 


SPECIAL  LAWS  ANT)  ORDINANCES.  233 

such  alley  or  alleys  shall  not  injuriously  affect  the  interests  of  the  city, 
or  of  any  individual  owning  lots  in  said  cemetery. 

AN  ORDINANCE  to  amend  Ordinance  No.  5  of  the  Revised  Ordinances,  entitled 
“Cemetery  Grounds,”  and  supplementary  thereto.  [Passed  September  7th,  1874.] 

Be  it  ordained  by  the  Cittj  Council  of  the  City  of  Monmouth: 

Section  1.  That  a  tier  of  lots,  eight  feet  in  width,  shall  be  laid 
out  on  the  west  side  of  Center  street,  and  adjacent  to  blocks  four  (4) 
and  nine  (9)  on  the  east,  leaving  an  alley  four  feet  in  width  on  the 
west  side  of  said  lots,  which  lots,  when  so  laid  off,  shall  be  numbered 
from  144  to  155  respectively,  and  shall  belong  to  and  become  a  part 
of  blocks  four  (4)  and  nine  (9). 

Sec.  2.  That  the  vacant  ground  between  blocks  eleven  (11)  and 
twelve  (12),  and  constituting  a  part  of  Center  street,  be  laid  off  into 
four  lots,  leaving  an  alley  of  at  least  four  feet  in  width  upon  each 
side  and  through  the  middle  of  the  same,  and  that  said  lots  be  num¬ 
bered  and  become  a  part  of  block  eleven  (11). 

Sec.  3.  That  said  lots  shall  be  valued,  a  record  made  of  such 
valuation,  and  be  offered  for  sale,  and  deeds  executed  to  the  purchas¬ 
ers  of  said  lots,  in  the  manner  and  form  set  forth  and  provided  in 
Chapter  il,  Sections  2  and  3,  Revised  Ordinances,  to  which  this  ordi¬ 
nance  is  an  amendment. 

Sec.  4.  All  ordinances  inconsistent  herewith  are  hereby 
repealed. 

AN  ORDINANCE  subdividing  Lots  14  and  21,  in  Block  11,  in  New  Cemetery  Grounds* 

[Passed  June  18,  1875.] 

Be  it  ordained  by  the  City  Council  of  the  city  of  Monmouth: 

That  lots  14  and  21,  in  block  11,  in  the  new  cemetery* grounds, 
be  subdivided  into  six  lots,  and  that  so  much  of  the  alleys  on  the 
east  and  west  sides  of  '•aid  lots  as  shall  not  include  the  width  of  four 
feet,  be  included  in  said  subdivided  lots;  also  that  lots  1  and  2,  in  block 
6,  be  subdivided,  and  that  so  much  of  the  alleys  on  the  north  and  south 
sides  of  said  lots  1  and  2  as  shall  not  include  four  feet  in  width,  be¬ 
come  a  part  of  said  lots  when  subdivided. 


GAS. 


AN  ORDINANCE  providing  for  the  erection  of  GasWorks.  [Passed  January  3,  1876.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth  : 

Section  1.  That  Draper  Babcock,  John  J.  Glenn,  William 
Laferty,  W.  B.  Jenks,  Samuel  Douglas,  George  Babcock,  Chauncey  , 
Hardin,  survivors  of  the  incorporators  of  the  Monmouth  Gas  Light 
and  Coke  Company,  their  associates,  successors,  or  assigns,  either  in 
their  individual  capacity,  or  as  the  Monmouth  Gas  Light  and  Coke 


234 


SPECIAL  LAWS  AND  ORPIN  ANDES. 


Company,  with  all  the  rights,  powers  and  privileges  granted  said  com¬ 
pany  by  the  legislature  of  the  State  ot  Illinois  an  act  entitled 
a  An  Act  to  incorporate  the  Monmouth  Gas  Light  and  Coke  Com¬ 
pany,”  approved  March  5,  1867,  or  in  a  corporate  capacity  hereafter 
to  be  organized  in  accordance  with  the  laws  of  the  State  of  Illinois, 
are  hereby  authorized  and  permitted  to  use  the  streets,  alleys  and 
public  grounds  of  and  in  said  city,  together  with  all  the  territory 
which  may  be  added  to  the  same,  for  the  purpose  of  laying  down  in 
said  streets,  alleys  and  public  grounds,  pipes  for  conveying  gas  for 
supplying  said  city, and  the  inhabitants  thereof,  with  gas  light:  Pro¬ 
vided ,  that  no  permanent  damage  shall  be  done  to  said  streets,  alleys 
or  public  grounds  of  said  city,  and  to  erect  gas  works  in  said  city,  and 
to  have  the  exclusive  privilege  of  supplying  said  city  and  its  inhabit¬ 
ants  with  gas  for  the  period  of  twenty-five  years. 


Sec. 


2.  In  consideration  of  the  privileges  granted  by  the  fore¬ 
going  section,  the  said  Draper  Babcock,  John  J.  Glenn,  William  Laf- 
erty,  W.  B.  Jenks,  Samuel  Douglas,  George  Babcock  and  Chauncey 
Hardin,  their  associates,  successors,  or  assigns,  in  their  individual 
capacity,  or  in  the  corporate  capacity  of  the  Monmouth  Gas  Light 
and  Coke  Company,  or  in  a  corporate  capacity  hereafter  to  be  organ¬ 
ized,  shall,  within  twelve  months  after  the  passage  of  this  ordinance, 
commence  and  continue  to  prosecute  the  erection  of  gas  works  in  the 
city  ot  Monmouth,  in  such  manner  as  to  secure  their  completion  by 
the  first  day  of  January,  1878. 


Sec.  3.  In  consideration  that  the  said  Draper  Babcock,  John  J. 
Glenn,  William  Laterty,  W.  B.  Jenks,  Samuel  Douglas,  George  Bab¬ 
cock  and  Chauncey  Hardin,  their  associates,  successors  or  assigns,  in 
their  individual  capacity,  or  in  the  corporate  capacity  of  the  said  Mon¬ 
mouth  Gas  Light  and  Coke  Company,  or  in  a  corporate  capacity  here¬ 
after  to  be  organized,  shall  erect  gas  works  in  the  city  of  Monmouth 
by  the  first  day  ot  January,  A.  D.  1878,  the  city  of  Monmouth  will 
cause  to  be  used  not  less  than  sixty  lamps  along  the  streets  occupied 
by  the  gas  pipes,  and  enter  into  a  contract  with  the  said  individuals 
or  corporation  erecting  said  works,  to  pay  thirty-five  dollars  per  year 
for  the  use  and  gas  light  at  each  post,  for  not  less  than  sixty  posts, 
to  be  paid  for  quarterly,  for  the  period  of  five  years,  for  gas  for  the 
lamps  on  said  posts,  and  the  lighting  and  extinguishing  thereof.  The 
gas  to  be  lighted  at  dark  and  to  be  kept  burning  until  midnight, 
according  to  the  u  Philadelphia  scale,”  that  is  to  say,  they  will  not  be 
required  to  be  lighted  and  kept  burning  during  the  time  of  moonlight. 
The  said  Gas  Light  and  Coke  Company  shall  in  no  case  charge  or 
collect  more  than  four  dollars  per  one  thousand  cubic  feet  of  gas  fur¬ 
nished,  and  at  no  time  to  exceed  the  average  price  paid  for  as  good 
quality  of  gas  furnished  other  cities  or  villages  of  similar  size  and 
situation  in  this  state. 


SPECIAL  LAWS  AND  ORDINANCES.  235 

AN  ORDINANCE  to  amend  an  ordinance  entitled  “An  Ordinance  providing  for  the 
erection  of  Gas  works,”  passed  January  3.  1876.  [rassed  March  6,  1876.] 

Whereas,  William  Laferty,  Chauncey  Hardin  and  Draper  Bab¬ 
cock,  for  and  on  behalf  of  the  survivors  of  the  incorporators  of  the 
Monmouth  (fas  Light  and  Coke  Company,  and  in  accordance  with  the 
option  contained  in  the  first  section  of  said  ordinance,  have  applied 
for  and  obtained  from  the  proper  authorities,  a  license  to  form  an 
incorporated  company  under  the  laws  of  the  State  of  Illinois,  hy  the 
name  of  the  Monmouth  Gas  Company,  for  the  purpose  of  carrying 
out  the  objects  and  provisions  of  the  said  ordinance.  Now,  therefore, 

Be  it  ordained  hy  the  City  Conned  of  the  City  of  Monmouth: 

Section  1.  That  the  mayor  of  said  city  he  and  he  is  hereby  au¬ 
thorized.  empowered  and  instructed  to  make  and  enter  into  such 
written  contract  with  said  Monmouth  Gas  Company,  as  soon  as  the 
organization  of  said  company  is  properly  perfected,  as  shall  be  neces¬ 
sary  and  proper  to  effect  the  object  and  enforce  the  provisions  of  said 
ordinance  passed  January  3.  1876. 


AN  ORDINANCE  defining  what  shall  be  a  siibstantial  commencement  of  Gas  Works. 

[Passed  February  5,  1877.] 


Be  it  ordained  hy  the  City  Council  of  the  City  of  Monmouth : 

Section  1.  That  the  Monmouth  u  Gas  Company,”  a  corporation 
organized  to  carry  into  elfect  an  ordinance  passed  by  the  city  council 
of  the  city  of  Monmouth,  January  3,  1876,  entitled  “An  ordinance 
providing  for  the  erection  of  Gas  Works,”  having  taken  preliminary 
steps  for  the  erection  of  gas  works,  and  commenced  the  same  within 
the  time  required  by  said  ordinance,  any  other  work  the  said  Gas  Com- 
panv  shall  do  until  the  frost  is  permanently  out  of  the  ground,  in  the 
spring  of  1877,  and  the  weather  settled,  shall  be  taken  and  deemed  to 
be  a  substantial  compliance  with  the  requirements  of  said  ordinance, 
for  the  commencement  and  prosecution  of  the  erection  of  said  gas 
works  up  to  May  1,  18  *  i . 

AN  ORDINANCE  to  establish  additional  street  lamps.  [Passed  August  5th,  1878.] 


Be  it  ordained  hy  the  City  Council  of  the  city  of  Monmouth : 

In  consideration  that  the  Monmouth  Gas  Company  extend  their 
gas  pipes  and  erect  additional  street  lamps  at  such  points  as  may  be 
agreed  upon  by  the  city  council  of  the  city  of  Monmouth,  and  said 
gas  company  not  to  exceed  ten,  the  city  of  Monmouth  agrees  with 
said  gas  company  to  pay  said  company  thirty  dollars  ($30.00)  per  year 
from  the  date  of  first  use,  for  use,  lighting  and  gas  for  ea^h  and  every 
post  so  erected  to  be  paid  for  quarter,  yearly;  said  street  lamps  to  be 
lighted  and  extinguished  in  accordance  with  the  ordinances  of  this 
city  now  in  force  with  said  gas  company,  and  the  contract  hereby 


236 


SPECIAL  LAWS  A  XT)  ORDINANCES. 


shall  continue  until  and  expire  at  the  expiration  of  the  contract 
heretofore  made  and  now  existing  between  the  city  and  said  gas 
company. 

This  ordinance  in  no  wise  to  conflict  with  any  ordinance  now  in 
force. 


RIGHT  OF  WAY. 

AN  ORDINANCE  granting  the  right  of  way  to  the  Burlington,  Monmouth  &  Illinois 
River  Railway  Company  upon  and.  over  certain  streets.  [Passed  April  2d,  1877.  J 

Be  it  ordained  by  the  City  Council  of  the  city  of  Monmouth : 

Section  1.  The  right  of  way  is  hereby  granted  to  the  Burling¬ 
ton,  Monmouth  &  Illinois  River  Railway  Company,  and  its  successors 
upon  and  over  the  following  named  streets  and  parts  of  streets  in  the 
city  of  Monmouth,  to-wit:  Eagle  street,  from  the  west  line  of  the 
city  to  West  avenue;  West  avenue,  south  of  Eagle  street,  and  over 
Depot  street,  and  any  extension  thereof  that  may  at  any  time  here¬ 
after  be  made  of  said  street  west  of  its  present  terminus  on  Main 
street;  also  on  and  over  Sedgewick  street;  and  the  said  railway  com¬ 
pany  is  hereby  authorized  and  empowered  to  use  and  occupy  the 
streets  and  parts  of  streets  above-named,  for  the  purposes  of  locating, 
building,  operating  and  maintaining  thereon  the  road-bed,  track  or 
tracks,  side  track  and  switches  of  the  said  railway  company,  and 
shall  have  the  right  to  maintain  and  operate  the  railroad  of  said  com¬ 
pany  on  and  over  said  streets,  subject  onty  to  the  general  laws  and 
ordinances  in  force  in  said  city  in  regard  to  steam  railways  running 
into  or  through  said  city  of  Monmouth;  Provided ,  that  said  railway 
company  shall,  before  commencing  to  operate  said  ailroad,  construct 
a  good  and  sufficient  track  crossing  at  the  intersection  of  every  street 
crossed  by  the  line  of  said  railroad  within  said  city. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


streets. 

AN  ORDINANCE  to  provide  for  laying  out  and  opening  an  alley,  across  and  overtlie 
west  part  of  lot  two  (2),  in  block  ten  (10),  in  the  original  town  plat  of  Monmouth. 
[Passed  December  29,  1876.] 

Be  it  ordained  by  the  City  Council  of  the  city  of  Monmouth: 

Section  1.  That  an  alley  of  the  width  of  sixteen  feet,  for  side¬ 
walk  purposes  and  none  other,  be,  and  the  same  is  hereby  established 
on  and  along  the  west  side  of  lot  two  (2),  in  said  block  ten  (10),  ex¬ 
tending  from  the  south  line  of  said  lot  on  the  public  square,  in  said 
city,  to  North  street,  on  the  north  side  of  said  lot. 

Sec.  2.  That  said  alley  may  be  opened  at  any  time  after  this 


SPECIAL  LAWS  ANI)  ORDINANCES. 


237 

ordinance  shall  be  in  force,  when  application  for  the  opening  thereof 
shall  be  made  by  resolution  of  the  board  of  supervisors  of  Warren 
county,  Illinois,  accompanied  by  a  full  release  and  relinquishment  of 
all  claims  for  damages  on  the  part  of  the  owners  or  occupants  of  the 
south  half  of  the  west  forty  feet  of  said  lot  2. 


AN  ORDINANCE  to  provide  for  the  opening  of  parts  of  Cedar,  Wood,  Warsaw,  Lancas¬ 
ter,  Pine,  Warren  and  Locust  streets,  in  the  city  of  onmouth,  [Passed  December 
3,  1877.1 

Petitions  having  been  presented  to  the  city  council,  in  accord¬ 
ance  with  the  requirements  of  the  city  charter,  to  open  the  streets 
named  in  the  following  ordinance;  and  said  council  believing  that 
the  public  interest  demands  that  said  streets  should  be  opened, 
therefore 

Be  it  ordained  by  the  City  Council  of  the  city  of  Monmouth: 

Section  1.  That  Cedar  street  be  opened  south  to  the  Chicago, 
Burlington  &  Quincy  railroad,  as  nearly  as  possible  of  the  same  width 
as  that  part  of  said  street  already  opened,  but  not  to  interfere  with 
the  gas  works. 

Sec.  2.  That  Wood  street  be  opened  south  to  the  Chicago,  Bur¬ 
lington  &  Quincy  railroad,  the  same  width  as  that  part  of  said  street 
already  opened.  ^ 

Sec.  3.  That  Warsaw  street  be  opened  north  to  the  Chicago, 
Burlington  &  Quincy  railroad,  the  same  width  as  that  part  already 
opened. 

Sec.  4.  That  Lancaster  street  be  opened  north  to  the  Chicago, 
Burlington  &  Quincy  railroad,  the  same  width  as  that  part  already 
opened. 

Sec.  5.  That  Pine  street  be  opened  north  to  the  city  limits,  the 
same  width  as  that  part  of  said  street  already  opened. 

Sec.  6.  That  Warren  street  be  opened  west  to  the  railroad  com¬ 
monly  known  as  the  Rockford,  Rock  Island  &  St.  Louis  railroad,  the 
same  width  as  that  part  of  said  street  already  opened. 

Sec.  7.  That  Locust  street  be  opened  from  Cedar  street  west  to 
East  street,  the  same  width  as  that  part  of  said  street  already  fully 
opened. 

Sec.  8.  That  in  case  it  shall  be  necessary  to  take  private  prop¬ 
erty  in  opening  the  streets  by  this  ordinance  directed  to  be  opened, 
and  the  amount  of  compensation  to  be  allowed  the  owners  thereof 
can  not  be  agreed  on,  the  maj-or  shall  cause  the  amount  ot  such  com¬ 
pensation  for  such  property  to  be  ascertained  by  a  jury  of  six  disin¬ 
terested  freeholders  of  said  city,  and  proceed  in  opening  said  streets 
according  to  law. 


ii38  SPECIAL  LAWS  AND  ORDINANCES. 

.AN  ORDINANCE  defining  Harding  street,  and  widening  the  north  end  of  Harding  and 

the  south  end  of  Wood  streets  in  the  City  of  Monmouth.  [Passed  March  10,  1879.] 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth : 

Section  1.  That  the  street  separating  south  addition  to  the  city 
of  Monmouth  from  Haley’s  addition  to  said  city  be  and  the  same  is 
hereby  named  Harding  street. 

Sec.  2.  That  that  part  of  Harding  street  lying  north  of  the  right 
of  way  of  the  Chicago,  Burlington  &  Quincy  Railroad  Company  be 
widened  by  extending  the  east  line  of  said  street  sixty-two  (62)  feet 
east  from  its  present  location  as  shown  by  the  plat  of  the  orignal 
survey  of  the  south  addition  to  the  city  of  Monmouth,  recorded  on 
pages  202  and  203  of  volume  24  of  Official  Records  of  Warren  county, 
Illinois. 

Sec.  3.  That  the  west  line  of  that  part  of  the  south  end  of  Wood 
street,  situated  between  Locust  street  and  the  right  of  way  of  the 
Chicago,  Burlington  &  Quincy  Railroad  Company,  be  extended  west 
eighteen  (18)  feet  and  ten  (10)  inches  from  the  east  line  of  lot  ten  (10) 
in  block  twenty-three  (23),  south  addition  to  the  city  of  Monmouth, 
as  said  east  line  is  shown  by  a  plat  of  a  subdivision  of  block  three  (3) 
in  said  addition,  recorded  on  page  474  of  volume  26  of  Official  Rec¬ 
ords  of  Warren  county.  Illinois,  it  being  the  intent  and  purpose  of 
this  section  to  make  the  west  line  of  that  part  of  Wood  street  lying 
south  of  Locust  street  a  continuation  of  the  west  line  of  that  part  of 
Wood  street  lying  north  of  Locust  street,  as  shown  by  the  old  town 
plat  of  the  city  of  Monmouth,  recorded  on  pages  517  and  518  of  vol¬ 
ume  3  of  Official  Records  of  Warren  county,  Illinois. 

Sec.  4.  That  the  local  improvements  ordered  t?  be  made  by  sec¬ 
tions  2  and  3  of  this  ordinance  shall  be  made  by  general  taxation. 


AN  ORDINANCE  to  provide  for  the  widening  of  South  street  in  the  city  of  Monmouth. 

[Passed  June  Gth,  1881.] 

Petition  having  been  presented  to  the  city  council  to  widen  the 
part  of  the  street  named  in  the  following  ordinance,  the  council  be¬ 
lieves  that  the  interest  of  the  city  demand  that  the  said  part  of  South 
street  should  be  widened,  therefore 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth  : 

Section  1.  That  South  street  be  opened  to  the  width  of  sixty- 
five  feet,  commencing  at  west  line  of  West  avenue  and  extending 
west  to  Olive  street  so  as  to  make  the  said  street  the  same  width  and 
on  direct  lines  with  the  east  part  of  said  street. 

Sec.  2.  That  in  case  it  shall  be  necessary  to  take  private  prop- 


SPECIAL  LAWS  AND  ORDINANCES. 


239 


erty  in  opening  said  South  street  to  the  width  ot  sixty-five  feet,  as  by 
this  ordinance  directed  to  be  opened  or  widened,  and  the  compensa¬ 
tion  to  be  allowed  the  owners  thereof  cannot  be  agreed  on,  the  mayor 
shall  cause  the  amount  of  such  compensation  for  such  property  to  be 
ascertained  by  a  jury  of  six  disinterested  freeholders  of  said  city,  and 
proceed  in  opening  or  widening  said  street,  according  to  law. 


telephones. 

AN  ORDINANCE  granting  permission  to  erect  and  maintain  a  system  of  telephones  or 
a  telephone  exchange  in  the  city  of  Monmouth,  Illinois.  [Passed  December  5,  1881.] 

Be  it  ordained  by  the  City  Conned  of  the  City  of  Monmouth: 

Section  1.  That  the  Central  Telephone  Company  and  its  suc¬ 
cessors  and  assigns  be,  and  they  are  hereby  granted  right  of  way 
through,  in,  and  upon  the  streets  and  public  grounds  of  the  city  of 
Monmouth,  in  the  county  of  Warren,  and  state  of  Illinois,  for  the 
use  and  purposes  of  therein  and  thereon  to  erect,  maintain,  and  use  all 
the  necessary  poles  or  posts  of  wood,  iron,  or  other  suitable  material 
and  the  necessary  wires  successfully  to  operate  and  use  a  system  of 
telephones  or  a  telephone  exchange  in  the  city  ot  Monmouth  afore¬ 
said;  Provided ,  that  the  said  Central  Telephone  Company,  and  its 
successors  and  assigns  shall  maintain  and  use  (under  proper  and 
reasonable  restrictions  and  rules)  an  office  and  operator  on  lines  of 
telephone  wires  at  some  convenient  point  within  said  city,  and  shall 
so  place  said  posts  or  poles  and  set  the  wires  thereon*  in  such  manner 
as  not  to  interfere  with  travel  on  said  streets,  sidewalks,  alleys,  and 
public  grounds  aforesaid,  and  shall  put  and  keep  in  good  order  all 
those  parts  of  the  same  interfered  with  or  used  in  the  erection  of  said 
poles  or  posts,  and  shall  hereafter  so  maintain  the  same  in  like  good 
condition. 

Sec.  2.  Said  poles  shall  be  set  so  as  not  to  interfere  with  the 
flow  of  water  in  any  drain  or  gutter  in  said  city,  and  the  points  of 
location  shall  be  determined  under  the  direction  of  the  street  com¬ 
missioner  or  of  the  city  engineer. 

Sec.  3.  The  said  common  council  expressly  reserves  the  right 
to  grant  the  right  of  way,  through,  in  and  upon  said  streets,  side-  - 
walks,  alleys,  and  public  grounds  for  the  erection,  maintenance  and 
use  of  the  necessary  poles,  or  posts  and  wires  of  any  other  telephone 
company  or  individuals  whenever  requested,  the  same  not  to  interfere 
with  the  proper  and  successful  use  of  the  rights  hereby  granted  to 
the  said  Central  Telephone  Company  and  its  successors  and  assigns. 

«  i 

Sec.  4.  The  city  council  shall  enact  such  ordinances  as  may 
become  necessary  for  the  protection  of  telephone  poles,  fixtures  and 
wires  from  abuse  and  injury. 


SPECIAL  LAWS  AND  ORDINANCES. 


240 


AID  TO  VOLUNTEERS. 

[Passed  June  1,  1861.] 

Whereas,  Many  citizens  oi  the  city  of  Monmouth  have  expressed 
their  willingness  to  respond  to  the  call  of  the  Government  for 
volunteers  to  support  the  Union,  the  Constitution  and  the  Laws; 
therefore,  in  order  to  encourage  those  of  said  citizens  who  are 

the  heads  of  families  in  their  patriotic  purpose: 

*  • 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section-  1.  That  there  be  and  is  hereby  appropriated  the  sum  of 
one  thousand  dollars  from  the  treasury  of  said  city,  the  whole  or  so 
much  thereof  as  is  in  the  judgment  of  the  city  council  expedient  or 
necessary J  to  be  disbursed  from  time  to  time,  under  the  order  and 
direction  of  the  city  council  in  administering  to  the  comfort  and  sup¬ 
port  of  the  families  of  those  citizens  who  have  been  or  may  be  accepted 
in  the  military  service  c*f  the  United  States  or  state  of  Illinois  as 
volunteers,  while  in  such  service. 

Sec.  2.  And  be  it  further  ordained,  that  in  order  to  provide  for 
meeting  the  appropriation  hereby  made,  there  shall  be  levied  and  col¬ 
lected  on  all  the  real  and  personal  estate  within  the  cityr  of  Monmouth 
during  the  year  1861,  in  addition  to  the  ordinary  city  taxes,  a  tax  of 
twenty  cents  on  the  one  hundred  dollars  valuation. 


* 


RULES  AND  ORDER  OF  BUSINESS 

OF  THE 

0ITY  UOUN0IL  OF  MONMOUTH. 


ORDER  OE  BUSINESS. 

Rule  1.  At  the  hour  appointed  for  meetings,  the  clerk  shall  pro¬ 
ceed  to  call  the  roll  of  members,  marking  the  absentees,  and  announce 
whether  a  quorum  is  present.  If  a  quorum  be  present  the  council 
shall  proceed  to  the  business  before  it.  A  majority  of  the  members 
elect  shall  be  necessary  to  constitute  a  quorum;  less  than  a  quorum 
may  adjourn  and  compel  the  attendance  of  members. 

The  following  shall  be  the  order  of  business: 

1.  The  reading  of  the  minutes  of  the  proceedings  of  the  last 
meeting  or  meetings,  amendment  and  approval  of  the  same. 

2.  The  presentation  of  petitions  and  other  communications. 

3.  Reports  of  city  officers. 

4.  Reports  of  standing  committees. 

5.  Reports  of  select  committees. 

6.  Unfinished  business  of  preceding  meeting. 

7.  Miscellaneous  resolutions,  motions,  etc. 

Rule  2.  All  questions  relating  to  the  priority  of  business  shall 
be  decided  without  debate. 

DUTIES  AND  PRIVILEGES  OF  THE  MAYOR. 

Rule  3.  The  mayor  shall  preserve  order  and  decorum,  and  shall 
decide  all  questions  of  order,  subject  to  an  appeal  to  the  city  council. 
He  shall  have  the  casting  vote  on  all  questions  upon  which  the  city 

council  is  equally  divided,  but  not  otherwise. 

Rule  4.  While  the  mayor  is  putting  the  question  no  member 
shall  walk  across  or  out  of  the  council  room. 


11 


RULES  AX I)  ORDER  OF  BUSINESS. 


Rule  5.  Every  member,  previous  to  his  speaking,  shall  rise  from 
his  seat,  and  adress  himself  to  the  mayor,  but  shall  not  proceed  with 
his  remarks  until  recognized,  and  named  b}r  the  chair. 

Rule  6.  The  mayor  shall,  when  ordered  by  the  council,  direct  the 
marshal  to  have  present  at  its  session,  any  person,  books  or  papers 
deemed  necessary  to  the  proper  understanding  of  any  question  before  it. 

Rule  7.  When  two  or  more  arise  at  once  the  mayor  shall  name 
the  member  who  is  entitled  to  speak. 

DUTIES  OF  MEMBERS. 

Rule  8,  Each  member,  on  presenting  any  communication,  res¬ 
olution  or  other  matter  for  the  consideration  and  action  of  the  council, 
shall  rise  and  address  the  mayor  as  “Mr.  Mayor,”  and  having  made 
such  explanation  or  statement  as  he  shall  deem  necessary,  of  the  mat¬ 
ter  he  desires  to  present,  shall  ask  leave  to  present  the  same. 

Rule  9.  No  member  shall  be  permitted  to  speak  without  rising 
and  addressing  the  chair  in  the  proper  form,  nor  shall  he  proceed  with 
his  remarks  until  he  is  recognized  and  named  by  the  chair. 

Rule  10.  No  member  shall  speak  more  than  twice  upon  the  same 
general  question,  except  by  unanimous  concent. 

Rule  11.  A  member  called  to  order  while  speaking,  shall,  unless 
permitted  to  explain,  immediately  cease  speaking  and  sit  down  until 
the  point  of  order  is  presented  and  decided.  If  there  be  no  appeal,  the 
decision  of  the  chair  shall  be  conclusive,  but  if  an  appeal  be  taken 
from  the  decision  of  the  chair,  the  council  shall  decide  on  the  matter 
without  debate. 

t 

Rule  12.  While  a  member  is  speaking,  no  member  shall  hold 
any  private  discourse,  or  pass  between  the  speaker  and  the  chair. 

Rule  13.  No  member  shall  vote  on  any  matter  in  which  he  is 
directly  interested;  but  he  shall,  if  present,  vote  on  all  other  questions, 
unless  excused  by  the  council. 

Rule  14.  No  member  shall  speak  to  the  council  unless  there  be 
some  question  then  pending  before  it,  except  to  make  an  explanation 
or  an  inquiry. 

RESOLUTIOXS,  MOTIOXS  AXD  ORDIXAXCES. 

Rule  15.  All  resolutions  shall  be  in  writing,  and  every  motion 
shall  be  reduced  to  writing  when  requested  by  the  mayor  or  any 
alderman. 

Rule  16.  No  motion  shall  be  put  and  debated  unless  it  is  sec¬ 
onded.  When  a  motion  is  seconded  it  shall  then  be  stated  by  the 
mayor  or  be  read,  if  reduced  to  writing,  by  the  recorder  or  the  member 
offering  it. 


RULES  AND  ORDER  OF  BUSINESS. 


Ill 


Rule  17.  After  a  motion  or  resolution  lias  been  stated  by  tbe 
mayor,  it  shall  be  regarded  as  properly  before  the  council,  but  it  may 
be  withdrawn  at  an}’  time  before*  amendment  is  made  to  it,  or  vote 
taken  on  it;  but  if  an  amendment  has  been  made  or  a  vote  taken,  it 
can  only  be  withdrawn  by  the  consent  of  the  council. 

Rule  18.  On  the  request  of  any  two  members  of  the  council, 
the  yeas  and  nays  shall  be  taken  and  entered  on  the  minutes. 

Rule  19.  If  a  question  under  consideration  contains  more  than 
one  distinct  proposition,  it  may  be  divided  upon  the  request  of  any 
member. 

Rule  20.  When  a  question  is  pending  or  under  debate,  no  other 
business  shall  be  in  order,  and  no  matter  shall  be  entertained  except: 

First.  A  motion  to  adjourn. 

Second.  To  lay  on  the  table. 

Third.  To  postpone  indefinitely. 

Fourth.  The  previous  question. 

Fifth.  To  refer  to  a  committee. 

Sixth.  To  amend. 

Seventh.  To  adjourn  to  a  particular  day. 

Such  motions  shall  have  precede]  ce  in  the  order  herein  named, 
the  first,  second  and  fourth  to  be  decided  without  debate. 

QUESTIONS  NOT  DEBATABLE. 

# 

Rule  21.  Motions  to  adjourn,  to  lay  on  the  table,  or  for  the 
previous  question,  are.  not  debatable;  but  when  the  motion  is  to  adjourn 
to  a  certain  day,  or  to  lay  on  the  table  and  publish,  or  to  do  any  other 
thing,  it  is  then  open  to  amendment  and  debate. 

MOTION  TO  ADJOURN. 

Rule  22.  A  motion  to  adjourn  is  always  in  order,  except  when 
a  member  has  the  floor;  or,  second,  While  the  yeas  and  nays  are  being 
called;  or  third.  When  the  members  are  voting;  or  fourth,  When  the 
previous  question  has  been  ordered;  or  fifth,  When  adjournment  was 
the  preceding  motion. 

PREVIOUS  QUESTION. 

Rule  23.  When  the  previous  question  is  moved  and  put,  it  shall 

be  in  the  following  form:  “Shall  the  main  question  be  now  put?”  If 

this  is  carried,  all  amendments  not  acted  on,  and  all  further  motions 

or  debate  shall  be  at  an  end,  and  the  question  be  put  without  delay. 

► 


IV 


RULES  AND  ORDER  OF  BUSINESS. 


AMENDMENT. 

Rule  24.  A  motion  to  amend  shall  be  in  order,  but  to  amend  an 
amendment  to  an  amendment  shall  not  be  entertained. 

Rule  25.  Nothing  offered  as  an  amendment  to  any  matter  before 
the  council  will  be  entertained  unless  it  is  germain  to  such  matter. 

RECONSIDERATION. 

Rule  26.  A  motion  may  be  made  to  reconsider  at  any  time  dur¬ 
ing  the  same  meeting,  or  at  the  first  meeting  had  thereafter. 

Rule  27.  A  motion  to  reconsider  must  be  made  and  seconded  by 
members  who  voted  in  the  majority,  or  by  those  who  were  absent  and 
did  not  vote  on  the  matter  on  which  reconsideration  is  desired. 

Rule  28.  No  question  shall  be  reconsidered  more  than  once, 
nor  shall  a  vote  to  reconsider  be  reconsidered. 

committees  . 

Rule  29.  The  mayor  shall  appoint  all  committees,  unless  the 
council  otherwise  order. 

Rule  30.  All  standing  committees  shall  be  appointed  by  the 
mayor  annually,  on  entering  upon  the  duties  of  his  office,  and  the 
first  named  shall  be  the  chairman  thereof. 

Rule  31.  Standing  and  select  committees  shall  consist  of  not 
less  than  three  members. 

Rule  32.  Standing  committees,  and  select  committees,  to 
whom  matters  are  referred  by  the  council,  shall  report  at  the  next 
regular  meeting  of  the  council  after  the  reference,  unless  otherwise 
instructed,  or  further  time  be  given. 

Rule  33.  Such  reports  shall  brief!}7  describe  the  matter  referred 
to  it,  and  the  conclusion  to  which  the  committee  has  come;  which 
conclusion  shall  be  summed  up  in  form  of  an  order,  resolution  or 
recommendation. 

Rule  34.  On  the  acceptance  of  a  final  report  from  a  select  com¬ 
mittee,  the  said  committee  shall  be  considered  discharged,  without  a 
vote,  unless  otherwise  ordered. 

MISCELLANEOUS. 

Rule  35.  No  person  not  a  member  of  the  council,  shall  be  al- 
lqwed  to  speak  before  the  council,  except  by  permission  of  the  council. 

Rule  36.  Any  member  may  call  for  the  reading  of  any  paper 
in  the  possession  of  the  council,  bearing  upon  a  question  then 
pending. 


RULES  AND  ORDER  OF  BUSINESS. 


V 


Rule  37.  In  filling  blanks  the  question  shall  be  upon  the  high¬ 
est  number  or  the  longest  time. 

Rule  38.  All  bills  and  claims  against  the  city  shall  be  referred 
to  some  committee,  and  shall  lie  over  until  the  next  meeting  of  the 
council,  unless  the  same  shall  have  been  examined  by  the  appropriate 
committee  and  payment  recommended  by  a  majority  of  such  com¬ 
mittee,  in  which  case  bills  and  claims  may  be  passed  and  allowed, 
without  being  referred,  at  the  same  meeting  at  which  they  are 
presented. 

Rule  39.  The  foregoing  rules  may  be  temporarily  suspended 
by  unanimous  consent  of  all  members  present,  but  shall  not  be  re¬ 
pealed,  altered  or  amended,  unless  by  concurrence  of  two-thirds  of 
all  the  Aldermen  elected. 


IXxTIDEIK. 

ADVERTISEMENTS—  Sec.  Page 

Not  to  be  defaced  or  torn  down .  7  586  158 

Not  to  be  posted  on  private  property .  815  192 

Of  impounded  animals .  920  210 

Of  sale  of  impounded  animals .  924  211 

ALDERMEN— 

May  be  elected  on  general  ticket — when .  7  9 

Numbeivof .  31  12 

Term  of  office  of .  82  12 

Vacancy  in  office  of — how  filled .  33  12 

Qualifications  and  disqualifications  of .  34  12 

Ineligible  to  other  offices .  34  12 

Not  to  be  interested  in  any  contracts  or  business  transactions 

with  the  city .  .  34  12 

Office  of — vacated  when  convicted  of  bribery .  36  13 

May  be  expelled,  but  only  once  for  same  offense .  36  13 

Two  may  defer  committee  report . 44  13 

May  call  special  meeting  of  city  council .  46  14 

Term  of  office  and  how  elected .  52  14 

Classified  at  first  election .  53  15 

Under  minority  plan . .  55  15 

When  minority  plan  not  adopted  .  56  16 

May  call  special  election— when .  61  16 

Qualifications,  etc .  78  26 

Not  to  hold  other  office .  81  27 

Conservators  of  the  peace— powers .  .  84  27 

Compensation  of — authorized  and  limited .  86  28 

One  only  to  be  director  of  the  public  library .  253  72 

Not  to  hold  any  office  by  appointment  of  mayor . 167  76 

Not  to  be  interested  in  contracts— bribery .  268  76 

Penalty  for  obtaining  contracts,  or  for  bribery .  269  76 

Compensation  of  fixed .  412  128 

Contesting  election  of .  681  172 

May  call  special  meeting  of  the  council .  804  190 

May  be  compelled  to  attend  meetings  of  council .  806  191 

AMUSEMENTS— 

('lassification  of .  578  156 

To  be  licensed — exceptions .  579  157 

License  fees  for . 580  157 

Mayor  oj  clerk  to  determine  class  of . 581  157 

“  Entertainments”  defined .  582  157 

License  subject  to  ordinances  .  583  158 

No  gaming  to  be  connected  with . 584  158 

Owners  of  halls  to  obtain  license .  585  158 

Bills  of  not  to  be  torn  down .  586  158 

Chairs  not  to  be  placed  in  aisles . 587  158 

Doors  to  open  outward .  588  158 

Police  to  clear  aisles . .  589  158 

Good  order  to  be  preserved . *. . .  590  159 


o 


INDEX. 


AMUSEMENTS,  continued-  Sec.  Page 

Owners  to  provide  special  police .  590  159 

Unlawful  to  stand  in  lobbies  or  entrances . 591  159 

ANIMALS— (See  Horses,  Health,  Miscellaneous  Practices,  Parks, 

Pounds  and  Sidewalks.) 

ANNEXATION  OF  TERRITORY— 

Petition  to  be  annexed .  367  105 

Annexing  one  corporation  to  another .  368  106 

Proceedings  to  annex . ; .  369  106 

Notice  of  proceedings .  370  107 

Objections  to  annexation— trial . 371  107 

Finding— costs,  etc .  372  107 

Proceedings  by  owner  to  be  annexed . ..  373  108 

Proceedings  to  disconnect . ' .  374  108 

Map  and  ordinance  required .  375  108 

School  districts  may  proceed  under  this  act .  376  108 

Judicial  notice  of  changes  in  territory .  377  108 

A  PPO  IN  TMEN  TS¬ 
OI’  commission  to  revise  ordinances . 29  12 

Mayor  to  make .  75  25 

Of  aldermen  to  office  void  ....  .  .  267  76 

Not  otherwise  provided  for  made  by  mayor .  406  127 

Of  standing  committees  by  mayor .  410  128 

Of  board  of  health  by  mayor  and  council .  465  136 

Of  deputy  marshal  by  mayor . 491  143 

Of  policemen  by  city  marshal  and  council .  495  143 

Of  city  engineer  by  mayor  and  council .  506  145 

Of  lire  marshal  by  mayor  and  council .  515  146 

Of  inspector  of  weights  and  measures  by  mayor  and  council. .  542  151 

Of  weighmaster  by  mayor  and  council . . .  558  154 

Of  sexton  by  mayor  and  council .  571  156 

APPROPRIATIONS— 

Not  to  be  made  for  sectarian  purposes .  3  3 

Teas  and  nays  to  be  taken  on .  42  13 

Mayor  may  veto  items  of .  47  14 

Ordinances,  making  to  be  published . .  65  23 

Annual  ordinance  of . : .  90  28 

Additional  to  be  submitted  to  people .  90  29 

Expenditures  not  to  exceed .  91  29 

Items  may  be  vetoed .  264  75 

Salaries  may  be  fixed  in .  273  77 

May  be  reduced  or  revised  when . 359  103 

When  may  be  repealed  and  new  one  passed .  359  103 

Account  of  to  be  kept  by  city  clerk .  428  130 

Unexpended  to  be  transferred  to  general  fund .  431  131 

ARBITRATORS— 

To  ascertain  damages  to  frame  buildings  in  fire  limits — fees  of,  709  175 

To  be  sworn— report  of  how  made . 710  176 

ARRESTS— 

May  be  made  by  fire  marshal .  519  147 

May  be  made  by  assistant  fire  marshals . 531  149 

ASHES— 

Places  for  deposit  of — in  fire  limits .  703  175 

To  be  thrown  only  on  unpaved  streets . 811  191 

AUCTIONS  AND  AUCTIONEERS— 

Must  be  licensed — how  obtained .  592  159 

Fee  for  license .  592  159 

To  carry  on  business  in  but  one  place  at  a  time .  593  159 

Not  to  apply  to  judicial  sales,  etc .  593  159 


INDEX. 


AUCTIONS  AND  AUCTIONEERS,  continued.  Sec.  Page 

Licenses  to  expire— when— may  be  revoked .  594  159 

No  bellman,  crier,  gong  or  drum  to  be  used  at .  595  159 

Not  to  be  held  on  public  streets  without  permit .  597  160 

Non-resident  owners  must  obtain  license .  598  160 

Who  may  sell  goods  of  non-resident .  599  160 

Who  are  regarded  as  non-residents .  600  160 

Foreign  auctioneers  to  be  licensed . 60L  160 

Resident  not  to  abuse  privileges  of  license .  601  160 

Exemptions .  602  161 

Penalty  for  violating  ordinance .  603  161 

AWNINGS— 

Defacing  or  injuring .  810  191 

Shall  not  be  less  than  eight  feet  high  .  975  220 

Must  have  fire-proof  frames .  975  220 

ZB_ 

BALLOT— 

Form  of  for  organization  under  general  law .  3  7 

BANNERS— (See  Flags  and  Decorations.) 

BENZINE— (See  Gasoline,  Naptha,  etc) 

BERRIES— 

Not  to  be  sold  in  wine  measures . 554  153 

BILLIARD  TABLES — (See  Licensed  Games.) 

BILL  POSTING— 

Not  to  be  posted  on  private  property . 815  192 

BOARD  OF  EDUCATION— (See  Special  Laws.) 

BOARD  OF  HEALTH— (See  Health  Department.) 

BOARD  OF  FINANCE— 

Created— shall  control  fiscal  concerns  of  city . 421  129 

How  constituted — city  clerk  head  of .  422  130 

Fiscal  year  begins  when .  423  130 

BONDS— 

To  be  given  by  all  officers .  76  26 

Penal  sum  and  how  approved .  76  26 

New  bonds  may  be  issued  in  place  of  old .  182  51 

Rate  of  interest  in  certain .  182  51 

Form  and  style  of  new . 182  52 

How  disposed  of . 182  52 

To  be  authorized  by  vote,  etc .  182  52 

State  auditor  to  prescribe  form  for  certain .  182  52 

Valuation  of  taxable  property  to  be  indorsed  on  bond .  182  52 

Election  in  issue  of . * .  184  53 

Powers  granted  Monmouth  not  affected .  184  53 

Registration  of .  185  54 

Fee  for  registration .  185  54 

Tax  to  pay  interest  on  registered .  186  54 

Payment  of .  187  55 

When  mature  and  not  paid  . .  189  56 

Entry  of,  payment  of . 190  56 

Fees  for  collecting  and  paying  over .  191  57 

By  whom  executed .  192  57 

New  bonds  for  old  indebtedness .  193  57 

Official .  195  58 

Saloon . 201  60 

For  water  supply,  etc .  385  110 

When  payable .  386  111 

Of  city  officers.  (See  Title  of  Office.) 


4 


TNDEX. 


BONDS,  continued , 

All  officers  must  give  bond . 

Shall  be  acknowledged . . 

Amount  of  where  not  otherwise  provided . 

Mayor  and  aldermen  not  to  be  securities  on . 

BRIBERY— 

Conviction  of  renders  persons  ineligible  to  office . 

Conviction  of  disqualifies  aldermen . 

Conviction  of  vacates  office  of  alderman . 

Penalty  for . 

BROTHELS— (See  Miscellaneous  Practices.) 

BUILDINGS— (See  fire  Limits.) 

BULL— (See  Miscellaneous  Practices.) 

BURIAL  OF  THE  DEAD- 

Not  lawful  without  permit . 

Permit  for— how  obtained . 

Fees  for  permits . 

Must  be  in  city  cemetery— cemetery  fees  must  be  paid  and  re¬ 
ceipt  obtained . 

Receipt  for  fees— by  whom  issued . 

Permit— entitles  to  what . 

Cemetery  fees . 

Any  one  violating  this  article . 

Health  officer  to  keep  record  of  permits . .* . 

Of  strangers  and  indigent  persons — where  . 

Of  non-residents,  unlawful  without  permit . 

BUTTER— (See  Health.) 

CABS  AND  CABMEN— (See  Coaches,  Cabs  and  Carts.) 
CANVASS— 

Of  returns  of  organization  election . 

Of  returns  of  city  elections—  how  made . 

CARS— 

Getting  on  or  off  while  in  motion . . . 

Not  to  remain  on  street  crossings . 

Penalty  for  leaving  cars  on  street . 

CARTS  AND  CARTMEN— (See  Coaches,  Cabs  and  Carts.) 
CATTLE— (See  Health,  Parks  and  Pounds.) 

CELLAR— 

Foul  or  unclean,  a  nuisance . v . 

Not  to  be  left  open . 

CEMETERIES— 

When  may  be  removed . . 

Power  to  establish . 

Money  from  sale  of  lots,  to  be  used  how . 

“  Cemetery  fund,”  how  kept . 

Valuation  of  lots  in . 

Lots  how  sold . . . 

Title  to  lots,  how  obtained  and  how  limited . 1 . 

Fees  for  deeds . 

Record  to  be  kept  . 

How  lots  purchased 


sec.  Page 


Public  burying  ground,  or  potter's  held . 

Non-resident  not  to  be  buried  m  without  permit. . 

Defacing  gravestones  in . . . 

Injuring  fence,  trees,  or  displacing  boundaries  in 

Digging  grave  without  authority  . . 

Disturbing  or  opening  graves . 


856 

199 

856 

199 

857 

199 

858 

199 

4 

3 

34 

12 

36 

13 

80 

26 

604 

161 

605 

161 

606 

161 

607 

162 

608 

162 

609 

162 

610 

162 

611 

162 

612 

162 

621 

163 

622 

1 63 

3 

7 

58 

16 

831 

194 

932 

212 

937 

213 

847 

197 

968 

219 

206 

62 

207 

62 

613 

'162 

614 

162 

615 

163 

616 

163 

617 

163 

618 

163 

619 

163 

620 

163 

621 

163 

622 

163 

623 

163 

624 

164 

625 

164 

626 

164 

INDEX. 


5 


CEMETERIES,  continued.  Sec.  Page 

Persons  must  enter  or  leave  through  gates,  etc.  % .  627  164 

Minors  not  allowed  on  grounds .  628  164 

Penalty  for  Violating  this  article .  .  629  164 

See  also  Provisions  of  Old  Charter. 

CENSUS— 

Authority  to  take .  176  48 

Population,  etc .  176  48 

CHARTER— 

Prior  laws  in  force  after  organization .  6  8 

Not  to  be  amended  by  special  law .  22  3 

(See  Provisions  of  Former  Charter.) 

CHIMNEYS— (See  Fire  Limits.) 

CHURCHES— 

JDoors  must  open  outward. .  298  85 

Doors  must  open  outward .  588  158 

CIRCUS— (See  Amusements.) 

CITIES— 

Constitutional  provisions  regarding .  3-5 

How  may  become  incorporated . 1  7 

How  organized  .  3  7 

How  towns  may  become .  4  8 

Laws  applicable  to .  6  8 

Prior  laws  in  force  when .  6  8 

Corporate  name— powers .  10  9 

Prior  ordinances  of— in  force  until,  etc .  11  9 

Rights  of  old  to  vest  in  new . 12  9 

Not  to  become  indebted,  etc.  . . . [5]  63  17 

Fiscal  year  of .  89  28 

Make  improvements  by  special  assessment . U7  35 

May  buy  in  special  assessment .  160  45 

May  adopt  article  IX  etc .  169  47 

Taxpayer  may  enforce  rights  in  name  of  city . .  173  48 

Inhabitants  competent  as  jurors,  etc  . .  175  48 

Municipal  year .  177  49 

Not  required  to  furnish  appeal  bond . 178  49 

How  changed  to  villages .  180  49 

May  build,  etc.,  bridges  and  ferries .  202  61 

Changing  name  of . 208-216  62-64 

When  change  of  name  void . 215  64 

Records  of — how  certified .  227  66 

May  establish  house  of  correction . 231  67 

May  give  control  of  streets  to  park  boards . 301  86 

Taxes  to  be  certified,  etc .  324  93 

May  buy  in  deliquent  special  assessments .  326  93 

Hold  real  estate  in  trust  for  schools .  335  96 

May  contract  for  sewers  with  each  other .  345  98 

May  construct  sidewalks — when .  347  98 

May  receive  only  proportionate  surplus  tax .  364  105 

Amount  of  drawback  city  may  receive .  365  105 

May  contract  for  water  with  incorporated  companies .  389  111 

May  levy  tax  for  water  supply . 390  111 

CITY  ATTORNEY- 

When  to  be  elected .  50  14 

To  be  elected . 73  25 

To  give  bond .  445  133 

Shall  be  legal  adviser  of  city .  446  134 

Conduct  law  business  of  city .  447  134 

Shall  keep  a  record  of  city  cases .  448  134 


6 


INDEX. 


CITY  ATTORNEY,  continued.  Sec.  Page 

Shall  draw  ordinances  and  other  papers .  449  134 

Shall  take  appeals,  etc .  450  134 

Deliver  papers  and  register  to  his  successor .  451  134 

Salary  of . 452  134 

CITY  CLERK— 

Ordinances  deposited  in  office  of .  47  14 

When  to  be  elected .  50  14 

To  notify  persons  elected  or  appointed .  00  10 

May  call  special  election,  when .  01  16 

May  certify. ordinances .  06  23 

To  be  elected .  73  25 

Oaths  of  officers  to  be  filed  with .  76  25 

Bond  to  be  filed  with  treasurer .  76  26 

Receive  certificate  of  his  election  from  mayor .  77  26 

Sign  commission  to  officer . 77  26 

Not  to  hold  any  other  office . .  31  27 

Duties  of— keep  seal,  make  record,  etc .  82  27 

His  certificate  under  corporate  seal  evidence .  82  27 

Shall  keep  record  of  ordinances .  83  27 

May  administer  oaths .  88  28 

Shall  give  copy  of  receipts  to  collector,  r .  101  31 

Perform  duties  of  city  comptroller . 105-107,  32-33 

Keep  record  of  bonds,  when .  107  33 

May  appoint  clerks .  110  33 

Issue  warrants  for  special  assessments .  150  42 

Execute  bonds . .' .  192  57 

Certify  records,  etc .  227  66 

Form  of  certificate .  228  66 

False  certificate .  230  66 

Ordinances  deposited  in  office  of .  264  75 

Trustee  of  firemens’  relief  fund . 288  82 

Make  special  tax  list  for  sidewalks,  when .  350  100 

Issue  warrant  to  collect  special  tax  for  sidewalks .  350  100 

Pay  over  sidewalk  tax  to  treasurer .  350  100 

Return  delinquent  tax  for  sidewalks,  etc .  350  1(  0 

Rebate  tax  on  destroyed  property,  when .  358  103 

To  sell  lots  taken  by  city  for  taxes .  408  128 

Shall  execute  a  bond .  413  128 

Shall  issue  notice  for  council  meetings . 414  129 

Shall  attest  all  licenses  . v . 415  129 

Shall  deliver  resolutions,  etc .  416  129 

Shall  deliver  ordinances  to  mayor . 417  129 

May  appoint  deputy . 418  129 

Shall  deliver  books',  etc.  to  his  successor  . 419  129 

Salary  of .  420  129 

Shall  be  head  of  board  of  finance .  422  130 

Shall  do  duties  of  a  comptroller .  424  130 

Shall  have  supervision  of  city  finances .  425  130 

Shall  revise,  etc.,  accounts  .  426  180 

Empowered  to  require  sworn  statements .  427  130 

Shall  keep  complete  and  methodical  books .  428  130 

Shall  require  monthly  statements  of  officers .  429  131 

Power  to  compel  such  statements .  480  131 

Shall  credit  unexpended  appropriations  to  general  fund . 431  131 

Shall  charge  all  officers  with  money  in  their  hands .  482  131 

Shall  make  annual  statement  for  publication .  433  131 

Shall  prepare  annual  estimates  .  484  182 

Shall  make  quarterly  statement  to  council .  435  182 

Shall  countersign  all  warrants  on  treasury .  436  132 


INDEX 


CITY  CLERK,  continued. 

Ex-officio  secretary  of  the  board  of 
i license  fees  to  be  paid  to . 


Shall 


Shall  attest  licenses . 

Shall  keep  register . 

Shall  provide  tags  for  licensed  dogs . 

Shall  issue  licenses  granted  by  mayor  . . 
Shall  countersign  all  licenses  under  seal 


Printed 


CITY  COUNCIL- 


Fix  pay  of  revisers  of 


Judges  of  election  and  qualifications  of  its 
May  punish  and  expel  its  members— its  rule 
Quorum — compelling  attendance . 


Must  sit  with  open 
Shall  keep  journal 


When  vote  at  special  meeting  may 


Territorial 


Shall  designate  places  of  election— giv 
Shall  appoint  judges  and  clerks  of  ele 
Canvass  election  returns — enter  result 

Control  finance . 

Appropriate  money . 

Levy  taxes . . . 

Control  licenses . 

Borrow  money  and  issue  bonds . 

Levy  tax  to  pay  indebtedess . 

Issue  bonds  to  meet  maturing  bonds  . 
Open  and  improve  streets,  etc.,  parks 

Plant  trees  on  streets . 

Regulate  use  of  streets . 

Remove  obstructions  from  streets _ 

Light  streets  . . 

Clean  streets . 

Regulate  openings  in  streets . 

Regulate  use  of  sidewalks . 

Remove  obstructions  from . 

Ashes,  garbage,  etc . . 

Crosswalks,  curbs  and  gutters . 


Regulate  banners,  placards,  etc . 

Prevent  flying  flags  or  signs .  , 

Regulate  traffic  and  sales  in  streets . . 

Regulate  speed  of  animals,  vehicles  and  locomotives, 


£ 

'EC.  Page 

466 

137 

580 

157 

581 

157 

608 

162 

617 

163 

618 

163 

631 

165 

636 

165 

668 

170 

787 

187 

790 

188 

865 

200 

871 

201 

;tc. 

873 

201 

n. . 

1 

7 

3 

7 

rds 

18 

11 

21 

11 

29 

12 

30 

'  12 

35 

13 

36 

13 

37 

13 

38 

13 

39 

13 

40 

13 

41 

13 

42 

13 

43 

13 

44 

13 

45 

13 

46 

14 

57 

16 

57 

16 

58 

16 

'  1 

63 

17 

'  2] 

63 

17 

8 

63 

17 

'  4] 

63 

17 

5 

63 

17 

r  s' 

63 

17 

6 

63 

17 

r  7 

63 

17 

'  8 1 

63 

17 

r  9 

63 

17 

mt 

63 

17 

it 

63 

17 

12 

63 

17 

13 

63 

17 

14 

63 

18 

14 

63 

18 

15 

63 

18 

16' 

63 

18 

17 

63 

18 

18 

63 

18 

19 

63 

18 

20 

63 

18 

[21 

63 

18 

8 


TNDEX. 


CITY  COUNCIL,  continued. 

Regulate  house  members 

N ame  streets . [28] 

Regulate  and  permit  laying  of  horse  railway  tracks 
Change  location  and  grade  of  railroad  crossings . 


Sec.  Page 
22]  63 


24j 
_25J 

Rowers  over  railroad  companies . [26-27J 

Construct  bridges,  viaducts  and  tunnels . [28J 

Construct  culverts,  drains,  sewers  and  cesspools . [29] 

Deepen,  widen,  dock,  cover  and  change  channel  of  water 

30 
40 


courses . 

Clean  water  courses  and  till  private  ponds. . . ; . 

License  certain  callings . [41-44 

Suppress  houses  of  ill-fame  and  gaming  houses . [45' 

Prohibit  sale  of  obscene  books . [45 

License  and  regulate  sale  of  liquors  . [46-48 

Establish  markets . 

Regulate  sale  of  provisions . 

Punish  forestalling  and  regrating . 


[49 

'50 

51 

52 

53 

54 

55 


Regulate  sale  of  bread 

Inspection  of  provisions,  cotton  and  tobacco. . . 

Inspect  etc.,  any  article  of  merchandise . 

Inspect  and  seal  weights  and  measures . 

To  enforce  use  of  proper  weights  and  measures . 56 

Regulate  vaults,  cisterns,  pumps,  sewers,  gutters  and  areas  [57 

Regulate  places  of  amusement . [53 

Prevent  intoxication  and  disorderly  conduct . [59 

Regulate  partition  fences  and  party  walls . 60 

Regulate  lire  escapes  . [61 

Regulate  construction  of  buildings . [61 

Prescribe  fire  limits . [62 

Regulate  construction  of  chimneys . [63] 

Regulate  chimneys,  stoves,  ovens,  manufactories, 

boilers,  etc . [63' 

Engine  house  and  fire  engines . [64 

Eire  department . .[64' 

Regulate  storage  of  combustibles  and  fire  arms . [65 

Reg ulate  police . [66-68 

Inspect  steam  boilers . [67 

Establish  bridewell  or  house  of  correction . [69 

May  use  county  jail . . [70 

To  establish  the  relation  between  officers . 71 

Suppress  riots . 

Punish  cruelty  to  animals . 

Punish  vagrants,  beggars  and  prostitutes . 

Define  and  abate  nuisances . 

Establish  hospitals . 

Appoint  board  of  health . [76 

Make  health  regulations . [78’ 

Regulate  and  remove  cemeteries . [79] 

Tax  dogs,  restrain  animals,  etc . [80] 

Regulate  packing  houses,  etc . [81] 

Regulate  breweries,  foundries,  distilleries  and  blacksmith 

shops . [82 

Prohibit  unwholesome  business . [83 

Compel.removal  of  unwholesome  business . [84 

Take  census . 85 

Erect  public  buildings . [86 

Construct  mill  races . [88 

Open  street  or  build  sewer  through  railroad  lands . 89 

Grant  permit  to  lay  railroad  track  on  petition . ' . [90 

Tax  and  regulate  sundry  trades . [91 


72' 

73" 

74 

75 
77 


63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 

63 


18 

18 

18 

18 

18 

19 

19 

19 

19 

19 

19 

19 

19 

20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
20 
21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

21 

22 

21 

22 

99 

22 

22 

00 

— 

00 

99 

99 

—— 

22 

22 

22 

23 


INDEX. 


Sec.  Page 


63 

63 

63 

63 

63 


CITY  COUNCIL,  continued. 

Prevent  rolling  hoops,  ball  playing,  etc . „ . [92 

Regulate  lumber  yards . 93 

Supplies  to  be  furnished  by  contract . [94 

Regulate  junk  and  second-hand  dealers . [95 

Pass  ordinances  with  lines,  etc . [96_ 

Jurisdiction  over  water— and  street  labor .  72 

To  be  elected .  73 

Create  and  discontinue  offices,  etc .  74 

May  prescribe  duties,  etc.,  of  officers .  75 

Journal  to  be  kept  by  city  clerk .  82 

Fix  compensation  of  mayor .  85 

Pass  appropriation  bill .  90 

May  make  temporary  loan .  91 

Contracting  liabilities  limited .  92 

Fix  places  of  deposit  of  city  money .  97 

Make  improvements  by  special  assessment .  117 

Appoint  committee  to  make  estimate  of  cost  of  special  assess¬ 
ments  .  136 

Order  petition  for  special  assessment  tiled  in  court . 137 

Make  new  assessment  when  first  annulled .  161 

May  provide  water,  etc . 170-172 

May  levy  tax  for  water,  etc .  172 

Approve  maps,  subdivisions,  etc .  174 

May  call  election  for  issue  of  bonds .  184 

May  remove  cemeteries . 206 

Establish  cemeteries .  207 

May  change  name  of  city  on  petition .  208 

Exercise  powers  of  town,  when .  220 

Consolidate  town  offices . 221 

Regulate  number  justices  of  peace,  when . 222 

May  establish  house  of  correction. . . .  231 

Remove  inspector  house  of  correction . 236 

Provide  for  expenses  of  house  of  correction . 243 

May  not  license  houses  of  ill-fame . 248 

May  establish  libraries  and  reading-rooms .  252 

When  eligible  as  directors  public  libraries . 253 

Pass  ordinances  protecting  library . . . 259 

May  determine  when  vacancy  in  any  office  exists . 272 

Fix  salaries  of  city  officers . 273 

May  appoint  oil  inspector . 275 

Provide  for  labor  of  prisoners,  etc . 283 

May  close  public  buildings . 300 

May  give  streets  for  boulevard . 301 

May  give  control  of  streets  to  park  commissioners . 305 

Provide  for  joint  construction  of  sewers . 345 

May  ratify  contracts  for . 346 

May  require  labor  on  streets . 353 

May  vacate  streets . 355 

May  levy  sewerage  tax . 361 

May  annex  and  exclude  territory . 367 

May  disconnect- territory . 378 

May  issue  bonds  for  water  works . 385 

May  contract  for  water  supply . 389 

Fix  compensation  of  officers.  (See  title  of  office.) 

Tribunal  for  election  contests . 682 

Fix  time  and  place  for  taking  evidence  . 685 

May  extend  time  of  taking  proof . 686 

Shall  refer  proof  to  committee . 688 

Duty  of  to  declare  election  void— when . 689 

Grant  permits  in  regard  to  inflamable  oils . 726-727 


23 

23 

23 

23 

23 

24 

25 
25 
25 

27 

28 
28 
29 
29 
80 
35 

39 

39 

45 

47 

48 
48 
53 
62 
62 
62 
65 
65 
65 

67 

68 

70 

71 

72 
72 
74 
77 

77 

78 
80 

85 

86 
87 
98 
98 

101 

102 

104 

105 
108 
110 
111 

172 

172 

172 

173 
173 
178 


10 


INDEX. 


CITY  COUNCIL,  continued.  Sec.  Page 

May  license  billiards,  games,  etc .  795  189 

May  revoke  the  same .  802  190 

Meetings  of— when  held .  803  190 

Special  meetings— how  called . ' .  804  190 

Quorum  of . 806  191 

May  compel  absentees  to  attend— how .  806  191 

Fix  compensation  of  all  officers .  859  199 

Locate  and  construct  pound .  915  209 

May  require  safe  guards  at  railroad  crossings .  938  213 

•  May  license  saloons . 943  214 

Grant  all  permits  to  build  vaults  under  sidewalks .  963  218 

Standing  committees  of— how  appointed  and  constituted . 1005  225 

Standing  committees  enumerated  .  . 1006  225 

Supplies  costing  over  fifty  dollars  to  be  ordered  by . 1013  226 

See  also  Provisions  of  Former  Charter. 

CITY  ENGINEER— 

Office  established — term  of .  505  145 

How  appointed .  506  145 

Bond  of .  507  145 

Shall  be  ex-officio  city  surveyor .  508  145 

Duties  of . * .  509  145 

Shall  keep  and  deliver  to  successor  all  instruments,  etc . 510  146 

Shall  make  annual  report  and  other  reports .  511  146 

Compensation .  512  146 

Control  construction  of  all  connecting  drains .  678  171 

Direct  attachment  of  strainers  to  connecting  drains .  679  172 

CITY  MARSHAL— 

Duties  of— how  appointed .  74  25 

Conservator  of  peace — powers .  84  27 

To  be  elected — term  of  office .  481  141 

Bond  of .  482  141 

Devote  his  whole  time  to  duties .  483  141 

Shall  protect  rights  and  enforce  ordinances .  484  141 

Shall  abate  nuisances  and  remove  obstructions .  485  141 

Attend  meetings  of  council  and  board  of  health .  486  141 

Execute  all  writs  issued  by  mayor  or  police  magistrate .  487  141 

Collect  lines,  etc,  perform  detective  duties  and  arrest  offenders,  487  142 

Shall  report  to  clerk  annually  all  money  received .  487  142 

Make  quarterly  reports  to  council  and  clerk .  488  142 

Prepare  annual  estimate  of  expenses .  489  142 

Salary .  490  142 

CITY  OF  MONMOUTH— 

Corporate  limits— (See  Provisions  of  Former  Charter.) 

Wards  of . 1014-1019  227 

CITY  PROPERTY— 

Requires  two-thirds  vote  to  sell .  42  13 

CITY  TREASURER— 

Election  of,  term,  not  to  serve  twice .  50  14 

To  be  elected  .  73  25 

Bond  of— oath  of .  76  25 

Clerk’s  bond  to  be  tiled  with .  76  26 

Not  to  hold  any  other  office .  81  27 

Books  always  subject  to  inspection .  93  29 

Keep  accounts  of  different  funds  separate  . 94  29 

Give  receipts .  95  29 

Monthly  statements,  vouchers,  warrants .  96  30 

Deposit  funds .  97  30 

Annual  report . , .  98  30 

Warrants  on .  99  31 


INDEX. 


11 

CITY  TREASURER,  continued.  Sec.  Page 

Keep  special  assessment  funds  separate .  100  31 

Further  duties  may  be  required  of .  108  33 

May  appeal  to  finance  committee .  109  33 

May  appoint  clerks . 110  33 

Trustee  of  firemens’  relief  fund .  288  82 

Member  of  board  of  finance .  422  130 

Bond .  438  132 

Unties  of — report . » .  439  132 

Make  monthly  statement .  440  133 

Report  failure  of  officer  to  return  money. . . 441  133 

To  keep  accurate  books  of  account— at  all  times  open  to  inves¬ 
tigation  .  442  133 

Shall  deliver  all  books  and  papers  to  successor .  443  133 

Salary  of .  444  133 

Auctioneers’  license  to  be  paid  to .  592  159 

To  receive  cemetery  fees .  607  161 

Keep  money  from  sales  of  cemetery  lots  separate .  614  162 

Keep  record  of  valuation  of  cemetery  lots .  615  163 

Keep  record  of  transfers  of  cemetery  lots .  619  163 

Shall  receipt  for  all  license  fees .  792  188 

CITY  WEIGHM ASTER— (See  Weighmaster.) 

CLERKS  OF  ELECTION — 

How  appointed . 57  16 

When  judges  may  appoint .  58  16 

COACHES,  CABS  AND  CARTS— 

Not  to  be  used  without  license .  630  164 

Mayor  authorized  to  license . 631  165 

How  license  issued .  632  165 

Licensed  vehicle  to  be  numbered .  633  165 

Licenses  expire,  when .  634  165 

Permits  during  agricultural  fair .  634  165 

Owners  of  liable  for  violations  of  ordinances .  635  165 

Register  of  licenses  kept  by  clerk .  636  165 

Incense  fee . 637-638  165 

Rates  of  fare  to  be  charged .  639  166 

Baggage . 640  166 

Printed  regulations  to  be  fixed  in .  641  166 

Penalty  for  refusing  to  convey  passengers .  642  166 

Carts  and  drays  to  be  licensed .  643  166 

License  fee . 644  ,  645,  64G  166-7 

Rates  to  be  charged . 647  167 

Public  cart  to  be  numbered. . . .  648  167 

Public  cartmen  entitled  to  legal  rates .  649  167 

Dispute  as  to  rates,  how  settled .  649  167 

Penalty  for  cartmen  refusing  to  convey .  650  167 

Penalty  for  disturbance  at  depots  by  cartmen  and  hackmen _ 651  167 

Penalty  for  using  public  cart  without  license .  652  168 

Penalty  for  violation  of  article .  653  168 

COAL— 

Penaltv  for  selling  less  than  2,000  pounds  fora  ton . 554  153 

Unlawful  to  sell  without  weighmaster’s  certificate .  563  155 

Penalty  for  removing  portion  of  load .  565  155 

COMMISSIONS— 

Officers  to  receive .  77  26 

COMMITTEES— (See  Standing  Committees.) 

COMPENSATION- (See  Salaries.) 


12 


INDEX. 


COMMUTATION— 


SEC.  l’AG K 


COMPTROLLER— (See  City  Clerk.) 
CONCEALED  WEAPONS— 

Unlawful  to  carry  in  corporate  lii 


Summons  or  warrant  issued  on  con 

Penalty  for  violating . 

Persons  exempt . 

Mayor  may  grant  licenses  to  carry. 

How  license  obtained— fee . 

What  license  shall  show — when  exi 


CONTAGIOUS  DISEASES— 

Board  of  health  to  use  precautions  against  and  to  establish 

hospitals,  etc . 

Cases  of  to  be  isolated . 


CONSTRUCTION— 
Of  words  “City  Cle 
Of  grade  ordinance 
Of  repealing  ordina 
Of  words  implying 

CONTRACTS- 


Void  if 


Drafts  of,  prepared  by  city  attorney. 


CORPORATIONS— 


101 

.  .1001 

224 

..  654 

168 

168 

..  656 

168 

168 

169 

169 

. .  660 

169 

169 

..  662 
its.) 

169 

[6]  471 

137 

7j  471 

138 

8]  471 

138 

139 

..  475 

139 

.  475 

139 

140 

..  106 

32 

..  738 

180 

..  868 

201 

. ..  869 

201 

26 

.  .  92 

29 

..  161 

46 

46 

76 

..  345 

98 

..  346 

98 

130 

..  433 

131 

..  446 

134 

..  449 

134 

145 

. .  10 

4 

. .  23 

3 

25 

CORPORATE  LIMITS— 

Of  city  of  Monmouth.  (See  Provisions  of  Former  Charter.) 
COURTS— 

Take  notice  of  change  of  organization . . .  o 

Take  judicial  notice  of  existence  of  cities  organized  under 
general  law .  G 

COWS— (See  Parks,  etc.,  and  Pounds.) 

CRIME— 

Conviction  of,  renders  persons  ineligible  to  office .  4 

CROSSINGS— 

Vehicles  not  to  stand  on .  971 


8 

8 

3 

220 


INDEX. 


18 


ID.  Sec.  Page 

DEAD  ANIMALS— (See  Health.) 

DEBT— 

,  Not  to  be  incurred .  12  4 

DEPARTMENT  OE  HEALTH— (See  Health  Department. 
DEPARTMENT  OF  POLICE— (See  Police  Department.) 
DEPARTMENT  OF  PUBLIC  WORKS- 

Certify  amount  needed  for  sewerage . 361  104 

Certify  amount  needed  for  water,  etc .  362  104 

DEPOT  GROUNDS— 

Unlawful  to  loaf  around .  663  169 

Who  shall  be  deemed  guilty  of  loantig . 664  169 

City  marshal  to  visit .  665  170 

DOGS— 

Not  lawful  to  go  abroad  loose .  666  170 

Tax  on— clerk  shall  register .  667  170 

City  clerk  to  provide  metal  tags .  668  170 

Dogs  to  wear  collar  with  tag  attached .  669  170 

Dogs  without  collar  to  be  seized .  670  170 

City  marshal  shall  enforce .  671  170 

Does  not  apply  to  dogs  of  non-residents .  672  171 

No  one  to  hinder  marshal  or  other  person .  673  171 

Dogs  seized  to  be  kept  in  pound .  674  171 

Marshal  to  collect  tax  and  penalty .  675  171 

Penalty  for  violating  article .  676  171 

DOORS— (See  Churches  and  Amusements.) 

DRAINS— 

Connecting,  how  permit  obtained  to  make .  677  171 

Engineer  to  control  laying .  678  171 

Not  to  be  used  for  slops — must  have  strainer .  679  171 

Penalty  for  making  without  complying  with  the  provisions  of 

this  article . 680  172 

DRAYS— (See  Coaches,  Cabs  and  Carts.) 

DRIVERS— (See  Coaches,  Cabs  and  Carts.) 


DRIVING— (See  Horses  and  Miscellaneous  Practices.) 
DRUGGISTS— (See  Saloons.) 


ELECTION— 

For  incorporation  under  general  law .  1  7 

Returns  of,  for  organization  under  general  law .  3  7 

For  organization  of  city . 5  8 

Of  city  officers  after  change  of  organization — notice .  7  9 

When  county  judge  may  give  notice  of .  8  9 

Result  of  for  organization  to  be  recorded .  13  10 

When  general  election  shall  be  held .  49  14 

Who  entitled  to  vote  at . 51  .14 

Places  where  held — notice  of  place .  57  16 

Manner  of  conducting— returns,  how  made  and  canvassed .  58  16 

Result  of — tie  vote .  59  16 

When  special  elections  may  be  held . 61,  62  16 

On  issue  of  bonds .  184  53 

For  town  officers . 219  64 

Time  of  opening  and  closing  polls .  225  65 

Date  of  regular  charter  election .  226  66 

Of  police  magistrates .  296  84 


14 


INDEX. 


ELECTION,  continued.  Sec.  Page 

Board  of  registration .  309  88 

Manner  of  making  register  of .  810  88 

Registry  in  new  election  districts .  311  89 

Revising  register— to  be  filed,  etc . 312,  315  89,  90 

N on-registered  voter— challenge— oath .  315  90 

Roll  list . 316  91 

Roll  list  and  register  to  be  tiled . 317  91 

Registers  open  to  inspection...^ . 318  92 

Compensation  of  board  of  registry . 319  92 

Preserving  order — vacancies — how  tilled .  320  92 

Fraudulent  registration,  false  swearing  etc .  .$21  92 

Secretary  of  state  to  furnish  registry  blanks  .  322  92 

Contest  of  alderman .  681  172 

City  council  tribunal  of  contest .  682  172 

Statement  to  be  tiled  with  city  clerk .  683  182 

Copy  to  be  served  upon  opponent .  684  172 

Procedure  .  685  172 

Limit  of  time  for  taking  proof .  686  172 

Testimony  not  to  go  outside  of  statement .  687  172 

Testimony  to  be  filed— referred  to  committee .  688  173 

When  election  void .  689  173 

Ballots  to  be  opened  in  contest  .  690  173 

EMERGENCY— 

Rower  to  borrow7  money  for  improvement,  etc .  91  29 

ENGINE— (See  Railroads.) 

ENTERTAINMENTS— (See  Amusements.) 

ESTIMATES— 

City  clerk’s  annual. . .  105  32 

City  clerk  shall  prepare  annual .  434  132 

EVIDENCE— 

Of  ordinances— ordinances  to  be .  06  23 

Certified  copy  of  record  prima  facie .  83  27 

Commissioners’  report  competent .  146  41 

Records,  etc— how  certilied .  227  66 

Form  of  certificate .  228  66 

Swrorn  copies .  229  66 

Penalty  for  false  certificates .  230  66 

EXCAVATION— (See  streets.) 

EXHIBITIONS— (See  Amusements.) 

EXPENDITURES— 

Not  to  exceed  appropriations .  91  29 

Not  to  be  made  without  appropriation .  92  29 


IF1. 

FARES— (See  Coaches,  Cabs  and  Carts.) 

FAST  DRIVING— (See  Horses  and  Miscellaneous  Practices.) 


FEES— 

Not  to  be  increased  or  decreased  during  term  of  office . 22,  11  3,4 

To  be  reported  by  city  officers .  87  28 

For  conveying  convict  to  house  of  correction .  240  69 

Of  oil  inspector  fixed  by  council .  275  78 

Of  board  of  health  and  health  officer  fixed  by  council .  480  140 

Of  police  officers  provided  by  council .  504  145 

Of  city  engineer  allowed  by  council .  512  146 

Of  inspector  of  weights  and  measures .  552  152 

Of  weighmaster  allowred  by  council .  566  155 

Of  city  sexton  provided  by  council .  577  156 


INDEX. 


15 


FEES,  con.inued.  Sec.  Page 

For  licenses— (See  subject  of  License.) 

See  also  Burial  of  the  Lead  and  Cemeteries. 

FINANCES— (See  Appropriations,  Board  of  Finance,  Cities,  City 
Clerk,  City  Council,  City  Treasurer,  Contracts,  Corporations, 


Estimates  and  Expenditures.) 

FINES— (See  Penalties.) 

FIREARMS,  FIREWORKS  AND  CANNONS— 

Unlawful  to  discharge  within  corporate  limits . 691  173 

Rockets,  etc.,  not  to  be  tired  except  on  mayor’s  permit .  692  173 

Cannon,  etc.,  not  to  be  tired  without  mayor’s  permit .  693  173 

Not  to  be  sold  in  city  limits .  694  173 

City  marshal  and  police  to  enforce .  695  174 

FIRE  DEPARTMENT— 

Tax  insurance  companies  for .  250  71 

Assessed  for  relief  fund . 289  82 

Established— how  constituted . 513  146 

Office  of  tire  marshal . 514  146 

How  appointed . 515  146 

Bond  of  tire  marshal .  516  146 

Fire  marshal  shall  control— annual  report  of . 517  147 

May  prescribe  limits  at  tire . 518  147 

Power  to  arrest  and  prosecute .  519  147 

Shall  investigate  cause  of  tires  and  keep  record .  520  147 

Prepare  estimate  of  expenses  of .  521  147 

Assistant  tire  marshals,  general  duties  of .  522  147 

Firemen  divided  into  companies,  number  of  .  523  148 

Companies  may  adopt  rules .  524  148 

Company  may  sue  its  members .  525  148 

Duties  of  company  in  case  of  tire . 526  148 

Firemen  shall  wear  badges .  527  148 

Exempted  from  labor  on  streets  and  jury  duty .  528  148 

Penalty  for  obstructing  hydrants .  529  149 

Unlawful  to  personate  firemen  at  a  tire .  530  149 

Every  person  bound  to  obey  fire  marshal  at  fire . 531  149 

Fire  marshal  may  require  aid  of  any  licensed  team  .  532  149 

No  one  may  offer  hindrance  at  tire .  533  149 

W agons  shall  not  be  driven  over  hose . 534  149 

Fire  apparatus  not  to  be  used  for  private  purposes .  535  149 

Fire  companies  and  engines  may  go  outside  city  when .  536  150 

Penalty  for  insubordination  of  tiremen .  537  150 

May  tear  down  and  blow  up  buildings,  etc .  538  150 

Unauthorized  persons  not  to  start  tires  in  engine .  539  150 

Penalty  for  violating  this  chapter .  540  150 

Has  exclusive  right  of  way  at  time  of  tire .  989  222 

FIRE  LIMITS — 

Description  of .  697  174 

Building  forbidden  except  as  provided .  698  174 

Fire  marshal  to  grant  building  permits .  699  174 

How  buildings  shall  be  constructed  .  700  174 

How  chimneys  shall  be  built . 701  174 

Wooden  buildings  not  to  be  repaired .  702  175 

Smoke  houses,  etc . 703  175 

Certain  buildings  may  be  of  wood .  704  175 

Shelter  sheds  may  be  of  wood— when .  705  175 

Owners  and  others  liable  for  violation  of  this  article .  706  175 

Roofs .  707  175 

Stacking  straw,  etc .  708  175 


Arbitrators  may  be  appointed  on  damaged  frame  building _  709  175 


16  INDEX. 

FIRE  LIMITS,  continued.  Sec.  Page 

Arbitrators  sworn— report  of .  710  176 

Damaged  building  may  be  condemned .  711  176 

Fire  marshal,  may  condemn  in  default  of  owner .  712  176 

Fire  marshal,  ex  officio  inspector  of  buildings .  713  176 

Penalty  for  violating  this  article .  714  176 

Fire  marshal  lined  for  neglect .  715  176 

FIREMAN’S  RELIEF  FUND— 

Set  apart .  287  81 

Mayor,  etc.,  trustees  of .  288  82 

Board  of  trustees  to  control  fund .  289  82 

Treasurer  to  give  bond  for  fund .  290  82 

Warrants  drawn  on  treasurer  of . 291  83 

Permanent  disability— death— annuity .  292  83 

Who  may  obtain  benefits . " .  293  83 

How  money  paid  out . .  294  84 

FIRE  MARSHAL— (See  Fire  Department.) 

FIREWORKS— (See  Firearms,  Fireworks  and  Cannon.) 

FISCAL  TEAR— (See  Board  of  Finance.) 

FLAGS  AND  DECORATIONS— 

At  the  city  hall . .. .  696  174 

FLAGMEN— 

May  be -required  at  railroad  crossings .  308  87 

Shelter  for— powers  of .  308  87 

FOOD— (See  Health.) 

FORMS— 

Of  official  oath .  25  3 

Of  ballots  at  election  for  organization  under  general  law .  3  7 

Of  ordinances .  64  23 

Of  official  oath .  76  25 

Of  petition  for  condemnation  of  property,  etc .  121  36 

Of  oath  of  commissioner  to  make  assessment .  139  40 

Of  assessment  notices,  to  owner  and  for  publication .  142  40 

Of  special  assessment  warrant .  151  42 

Of  collector’s  notice  of  special  assessment .  152  42 

Of  acknowledgment  on  official  bond .  195  58 

Of  oath  of  oil  inspector .  276  78 

Of  complaint  before  police  magistrate . , .  902  205 

Of  execution . . . ’ .  904  206 

Of  security  for  judgment .  905  207 

Of  order  to  work  out  line .  906  207 

Of  pound  notice — of  trial .  920  210 

Of  order  issued  upon  judgment  rendered .  923  210 

Of  pound  notice— of  sale .  924  21 1 

FRUIT— 

Not  to  be  sold  in  wine  measures .  554  153 

Parings  not  to  be  thrown  on  sidewalk . 811,  816  191,  192 

Or. 

GAMING— 

Unlawful  to  keep  devices  for .  716  177 

Unlawful  to  engage  in .  717  177 

Police  to  inform  mayor  of  houses  of .  718  177 

Unlawful  to  have  or  bring  devices  into  city .  719  177 

In  streets .  720  177 

Unlawful  to  frequent,  visit  house  for .  721  177 

Police  to  seize  and  destroy  devices  for .  722  178 

Not  permitted  on  public  school  grounds .  881  202 

(See  also  licensed  games.) 


INDEX. 


17 


GARBAGE— (See  Health.)  sec.  page 

GAS- 

Organization  of  works— (special  laws  and  ordinances) _  1,3,  233  234 

Ordinances  in  regard  to  * .  235 

GASOLINE,  NAPTHA,  etc— 

Unlawful  to  keep  more  than  one  barrel .  723  178 

To  be  sold  only  by  daylight .  724  178 

Not  to  be  stored  in  front  of  buildings,  etc .  725  17S 

City  council  make  permit  more  to  be  kept .  727  178 

Penalty  for  violating .  728  179 

GRADES— 

Of  public  square .  729  179 

Of  sidewalks  of  public  square .  739  179 

Of  South  Main  street . . . .  730  179 

Of  East  Broadway .  732  179 

Of  south  side  of  Broadway  in  front  of  (17) .  733  180 

Of  Market  Alley .  734  180 

Of  east  side  of  Water  street .  735  180 

Of  north  side  of  Garden  street .  736  180 

Of  West  avenue .  737  180 

Construction  of  this  article .  738  180 

GUNPOWDER— 

Not  more  than  fifty  pounds  to  be  kept  at  once .  739  181 

Not  to  be  sold  by  lamp  light .  740  181 

GUTTER- 

Not  to  be  obstructed .  745  181 

IEE- 

HACKS  AND  HACKMEN— (See  Coaches,  Cabs  and  Carts.) 

II  ALLS— 

Doors  to  open  outward .  298  85 

(See  Amusements.) 

HAY— 

To  be  weighed  by  city  weigher .  563  155 

Unlawful  to  expose  for  sale,  where .  880  202 

HEALTH— 

Ordinances  may  be  enforced  outside  city .  45  13 

Offensive  water  or  other  liquids . ! .  741  181 

Privies,  etc.,  not  to  be  drained  into  street  or  ground .  742  181 

Garbage  not  to  be  thrown  in  privies,  etc .  743  181 

Cesspools,  etc.,  must  not  become  a  nuisance .  744  181 

Gutters  not  to  be  obstructed .  745  181 

Unwholesome  substances  not  to  be  deposited  on  vacant  lots. . .  746  182 

Privies  must  be  built  two  feet  from  line .  747  182 

Foul  privies  to  be  cleansed .  748  182 

Unwholesome  food  not  to  be  sold .  749  182 

Calves,  pigs  and  lambs,  age  of .  750  182 

Cattle  not  to  be  killed  when  fevered,  etc .  751  183 

Cased,  blown,  plaited,  or  impure  meat,  etc .  752  183 

Unwholesome  food  under  false  name  . .  753  183 

Swill  milk,  skimmed,  watered  and  adulterated  milk .  754  183 

Cattle  to  be  kept  in  wholesome  place . 755  183 

Stables  to  be  kept  clean . ~ .  756  183 

Slaughtering  not  allowed  in  city .  757  183 

Varnish  factories,  distillers,  etc .  758  183 

Dead  bodies  not  to  be  thrown  in  streets .  759  183 

Dying  and  dead  animals  to  be  removed .  760  18.4 


18 


INDEX. 


HEALTH,  continued.  Pack 

Notice  to  be  given  to  city  marshal .  701  184 

Nothing  noxious  to  be  carried  through  streets .  762  184 

Buildings  not  to  be  used  or  rented  for  wrong  purposes .  763  184 


No  building  used  so  as  to  create  a  nuisance .  765  184 

No  substance  or  business  allowed  to  create  a  nuisance .  766  184 

Penalty  for  violating .  767  185 

HEALTH  DEPARTMENT— 

Unlawful  to  examine  houses  of  ill-fame .  248  t  71 

Established — how  constituted .  465  *136 

Mayor  and  city  clerk  ex-officio  president  and  secretary  of .  466  137 

Regular  meetings . .• . . .  467  137 

Powers  of  board . . 469,  470,  471  137 

Orders  of,  how  executed .  472  138 

How  tilth  to  be  removed .  473  139 

Physicians  to  report  contagious  diseases .  474  139 

Further  regulation  of  contagious  diseases .  475  139 

Health  officer  may  compel  vaccination .  476  140 

Health  officers'  bond .  478  140 

Duties  of .  479  140 

Compensation  of  members .  480  140 

DORSES— (See  Health.) 

Aid  of  required  to  draw  lire  engines .  532  149 

Fast  driving .  768  185 

Fast  driving  around  corners .  769  185 

Not  to  go  at  large  . 770  185 

Not  to  go  on  sidewalks .  771  185 

Racing  on  streets .  772  185 

Bells  on  sleighs .  774  186 

Standing  unfastened .  775  186 

Glanders  or  farcy .  776  186 

Not  to  be  fastened  across  sidewalk .  976  i21 

Teams  not  to  obstruct  streets .  997  223 

Penalty  for  obstructing  crosswalk  with . 971  229 

HORSE  RAILWAY'S — 

Cannot  be  authorized  by  general  assembly .  4  5 

Power  to  regulate .  63  18 

No  permit  longer  than  twenty  years .  63  18 

HOUSES  OF  ILL-FAME— 

Power  to  suppress .  63  19 

Unlawful  to  license .  248  71 

Keeping  prohibited . 821  198 

Declared  a  nuisance .  823  193 

ICE— 

Impure  ice  not  to  be  sold .  778  186 

Dealers  in,  to  have  scales  inspected .  779  186 

Scales  not  to  project  beyond  wagon .  780  186 

IMPRISONMENT— 

Term  of,  not  to  exceed  six  months . .  63  23 

Same .  233  80 

IMPROVEMENTS— 

When  made  by  general  tax . 132  38 

When  made  by  special  tax .  133  39 

INDEBTEDNESS— 

Cannot  be  released  by  general  assembly .  23  3 

Private  property  not  liable  for .  10  4 

Not  to  exceed  five  per  cent,  of  valuation  .  12  4 


INDEX. 


19 


INDEBTEDNESS,  continued .  Sec.  Page 

How  and  when  to  be  paid .  12  4 

Limited  to  five  per  cent,  valuation .  63  17 

INDECENCY— 

Prohibited . ‘ .  822  193 

Indecent  books,  pictures,  etc  . 824  193 

INSPECTOR  OF  WEIGHTS  AND  MEASURES— 

Office  created . 541  151 

Duties  of . 544  548  151 

Unlawful  to  sell  weights  or  measures .  549  352 

Fees . . .  552  152 

All  weights  and  measures  to  be  inspected .  553  153 

Fruit  to  be  sold  in  dry  measures .  554  153 

Wood  and  coal .  554  153 

Penalty  for  using  weights,  etc.,  not  inspected .  555  153 

Penalty  for  hindering  inspection .  556  153 

Clerk  to  procure  standards .  557  153 

INSUR AN  CE — 

Tax  on  foreign  companies  . .  550  71 

JUDGES  OF  ELECTION- 

HOW  appointed .  57  16 

May  appoint  clerks .  57  16 

To  make  returns .  58  16 

Registry  board . 309  88 

JUDGMENT— 

Provide  for  payment  of .  91  29 

In  condemnation  proceedings .  126  37 

In  special  assessment .  145  41 

JURISDICTION— 

Territorial  of  council . 45  13 

Of  council  over  water .  72  24 

Of  police  magistrates.  .  296  84 

JUSTICES  OF  THE  PEACE— 

Jurisdiction,  etc .  70  24 

Jurisdiction  over  city  ordinances .  282  79 

Keep  docket  of  city  cases . . .  782  187 

Reports  to  city  clerk .  783  187 

Pay  over  moneys  to  city .  784  187 

X_u 

LABOR— 

Of  prisoners  on  streets .  283  80 

Allowance  per  diem .  283  80 

Of  prisoners  on  streets .  906  207 

Penalty  for  refusing  to  labor .  908  207 

Under  direction  of  marshal,  etc .  909  208 

LABOR  ON  STREETS— 

Council  may  require .  353  101 

Two  days  labor  required . 1001  224 

Notice . * _ 1002  224 

Penalty  for  neglect . ] 003  224 

Commutation  of . .1003  225 

City  attorney  to  be  notified  of  default  of  persons . 1003  225 

LAMPS— 

Penalty  for  unauthorized  lighting,  etc .  785  187 

.  Breaking  or  defacing,  etc .  786  187 

LAWS— 

Prior  laws  in  force,  when .  6  8 


20 


INDEX. 


LICENSES— (See  subject  of  License.)  skc.  page 

For  saloons  not  to  extend  beyond  municipal  year . 63  20 

Fees  to  be  paid  into  treasury . 68  24 

Farmer  may  sell  produce  without .  262  74 

Mayor  to  grant  licenses .  404  127 

May  be  revoked .  404  127 

For  amusements,  how  granted .  578  156 

Fee  for  circus,  theatre,  etc .  580  157 

Proprietor  <5f  hall  to  obtain .  585  158 

Auctioneers’,  fee  for .  592  159 

For  cabs,  coaches  and  hacks .  631  165 

Fee .  637  165 

For  carts  and  drays .  643  166 

Fee .  644  166 

For  dogs .  666  170 

How  license  issued  . 787  187 

Penalty  for  violating  ordinances  relating  to .  788  188 

How  transferred .  789  188 

Not  to  be  granted  for  longer  than  one  year .  790  188 

Expire — when .  790  188 

Mayor,  hear  application  for .  791  188 

Treasurer  receipt  for  fee .  792  188 

May  be  revoked  for  default  in  payment .  793  188 

LICENSED  GAMES— 

Enumerated  and  license  required .  794  188 

Application  for .  795  189 

How  granted  and  issued .  796  189 

Fee  for  billiard  tables,  etc .  797  189 

How  revoked . 801  802  190 

LICENSES  FOR  PAWNBROKERS- 

License  required .  883  202 

Fee  for .  885  203 

How  revoked .  891  203 

For  peddlers .  892  204 

Fee . 893  204 

For  saloons .  943  214 

Application— how  made .  944  215 

Fee .  946  215 

How  issued . '. .  947  215 

Expire— when .  948  215 

How  revoked .  949  215 

Licenses  to  be  kept  posted .  950  215 

Regulations  concerning . 951  956  217 

Penalty  for  selling  liquor  without .  957  217 

For  booths,  stands,  etc.,  on  streets .  974  220 

Fees  for .  974  220 

LIEN— 

Special  assessment .  149  42 

Until  paid .  166  46 

Realty  of  school  officers  held .  328  94 

LIQUOR— (See  Saloons,  Licensed  Games.) 

LOCOMOTIVES— (See  Railroads.) 

MAYOR— 

Submit  question  of  incorporation— when .  1  7 

Give  notice  of  election  for .  2  7 

Qualitications  of .  15  10 

Term  of  office  of .  15  JO 

Vacancy  in  office — how  filled .  16  10 

Mayor  pro  tern .  18  11 


INDEX. 


21 


MAYOR,  continued.  Sec.  Page 

Vacancy  in  office  by  removal .  19  n 

Shall  preside  in  council .  20  11 

Shall  vote— when .  20  11 

May  remove  officers .  21  11 

Power  to  keep  the  peace .  22  11 

Release  of  prisoners .  23  11 

General  duties .  24  11 

May  examine  records .  25  11 

Messages  to  council .  26  11 

May  call  out  militia .  27  11 

Misconduct  in  office .  28  11 

Appoint  person  to  revise  ordinances .  29  12 

May  call  special  meetings  of  council .  46  14 

May  veto  ordinances  and  items  therein .  47  14 

Elected — when  . 49  50  14 

To  be  elected .  73  25 

Bond  of — oath . 76  25 

Not  to  hold  other  office .  81  27 

Conservator  of  the  peace .  84  27 

Power  to  make  arrest .  84  27 

Compensation  of .  85  28 

May  administer  oaths . 88  28 

To  approve  contracts .  165  46 

To  make  affidavit  to  registed  bonds .  185  54 

To  execute  bonds .  192  57 

Member  board  of  inspectors  house  of  correction .  232  67 

Appoint  superintendent  of .  237  68 

Appoint  directors  of  public  library .  253  72 

May  remove  director .  254  72 

May  veto  ordinances  and  items  therein .  264  75 

Passage  of  ordinance  over  veto .  265  75 

May  determine  when  vacancy  exists  in  office .  272  77 

Appoint  oil  inspector  . . r.  275  78 

Trustee  of  police  and  firemens’  fund .  288  82 

May  prohibit  use  of  public  buildings . 300  85 

May  rebate  taxes  when  property  destroyed .  358  103 

May  provide  map  when  territory  is  added .  375  108 

Office  of,  sign  commissions,  etc .  403  127 

Grant  licenses .  404  127 

Supervise  conduct  of  officers .  405  127 

Appoint  officers,  lill  vacancies .  406  127 

May  offer  rewards .  407  128 

May  sell  property  under  tax  title .  408  128 

Salary  of .  409  128 

Appoint  standing  committees .  410  128 

Ex-officio  member  of  finance  committee .  422  130 

To  sign  warrants  drawn  to  treasurer .  436  132 

Ex-officio  member  board  of  health .  466  137 

Appoint  deputy  marshal . 491  143 

Appoint  city  engineer .  506  145 

Appoint  fire  marshal . 515  146 

Permit  fire  apparatus  to  go  outside  city . .  536  150 

Appoint  inspector  weights  and  measures .  541  151 

Appoint  weighmaster .  558  154 

Appoint  city  sexton .  571  156 

To  determine  class  of  amusement  for  license .  581  157 

To  grant  permits  for  auctions  on  street .  597  160 

To  execute  cemetery  deeds .  617  163 

Grant  permits  for  vehicles  fair  week .  634  135 

May  grant  permits  to  carry  concealed  weapons .  660  169 


INDEX. 


99 


MAYOR,  continued. 

Permit  use  of  fireworks  Fourth  of  July,  etc . 

Authority  to  display  flags  at  city  hall . 

Sign  licenses . 

May  revoke  licenses . 

To  hear  application  for . 

May  revoke  billiard  license . 

May  call  special  meetings  of  council . 

To  enforce  order  in  council  meetings . 

Not  to  be  accepted  as  surety  on  bond  to  city . 

May  present  copy  of  ordinances  to  other  cities . 

May  grant  license  to  pawnbrokers . . 

May  revoke  the  same . 

May  grant  permits  to  peddle  without  license . 

To  sign  saloon  licenses _ * . 

MEAT— (See  Health.) 

MEETING— 

Council  may  prescribe  time  and  place  of . 

Vote  not  to  be  rescinded  at  special  meeting . 

Clerk  to  attend  all  meetings  of  council . 

Of  finance  committee . 

Of  board  of  health . . 

Of  city  council  . 

MILK— (See  Health.) 

MINORS— 

Not  permitted  in  cemetery  grounds  alone  . 

Under  18  years  not  allowed  to  frequent  billiard  rooms 
Sale  of  liquor  to,  prohibited . 

MINORITY  REPRESENTATION— 

When  question  to  be  submitted . 

MISCELLANEOUS  PRACTICES- 

Burglars  tools— possession  of . 

Frightening  horses  onstreet . 

Defacing  fences,  sign,  etc . 

Throwing  rubbish  in  streets . 

Obstructing  gutters . 

Defacing  public  property  . 

Throwing  missiles  in  street . 

Bill  posting . 

Banana  skins,  etc . 

Obstructing  street  corner . 

Removing  earth  from  street . 

Vagrants . 

Stud  horses,  and  bulls,  exhibition,  etc . 

Keeping  house  of  ill-fame . 

Indecent  exposure  of  person . . 

House  of  ill-fame  declared  nuisance . 

Distributing  obscene  book,  etc . 

Abusing  annimals .  . 

Fraudulent  medicines . . 

Poisonous  medicines,  sale  of . 

Vehicles  meeting  on  highway . 

Indecent  act,  abusive  language . 

Disturbing  worship . 

Getting  on  or  off  cars . . 

Disturbing  peace,  etc . 

Permitting  disturbance  on  premises . 

Aiding  in  riot  and  disturbances . 

Catching  on  to  sleds  and  vehicles . 


Sec.  P 

AGE 

691 

173 

696 

174 

787 

187 

788 

188 

791 

188 

802 

190 

.  804 

190 

807 

191 

859 

199 

872 

201 

,  883 

202 

891 

203 

895 

204 

215 

38 

13 

43 

13 

82 

27 

437 

132 

467 

137 

b03 

190 

628 

164 

798 

189 

216 

54 

15 

808 

191 

809 

191 

810 

191 

811 

191 

812 

192 

813 

192 

814 

192 

815 

192 

816 

192 

817 

192 

818 

192 

819 

192 

820 

193 

821 

193 

822 

193 

823 

193 

824 

193 

825 

193 

826 

193 

827 

193 

828 

194 

829 

194 

830 

194 

831 

194 

832 

194 

833 

194 

834 

195 

195 

INDEX. 


28 


MISCELLANEOUS  PRACTICES,  continued .  sec.  Page 

Lotteries,  selling  tickets,  etc .  836  195 

Resisting  officer .  837  195 

False  alarm  of  lire .  838  195 

Drunkenness  on  street .  839  196 

Wilful  destruction  of  property .  840  196 

Disturbing  peace  on  Sunday .  891  196 

Keeping  open  disorderly  house  on  Sunday . 842  196 

Swindling,  deceit,  etc .  843  196 

Drunk  and  disorderly .  844  197 

Entering  vineyards,  gardens,  etc .  845  197 

MISCONDUCT— 

Of  mayor  or  other  officer .  28  11 

MISDEMEANORS— (See  Miscellaneous  Practices.) 

MUNICIPAL  YEAR— 

Defined .  177  49 

NOTICES — 

Of  election  for  changes  of  organization .  2  7 

Of  election  for  organization  .  2  7 

Of  election  after  change .  7  9 

Of  general  election .  57  16 

To  officer  when  elected  or  appointed .  60  16 

Of  special  elections .  62  16 

Of  special  assessment .  142  41 

Of  collection  of  special  assessment .  152  42 

Of  election  for  issuing  bonds .  184  53 

Of  petition  to  change  name  of  city . 211  63 

Annexation  of  territory  to  city .  370  107 

NUISANCES— 

Power  respecting .  469  137 

Power  to  abate .  471  137 

Duties  of  city  marshal  regarding .  472  L38 

Duties  of  health  officer  respecting .  479  140 

City  marshal  to  take  notice  of .  485  141 

Nothing  to  be  brought  into  city  which  may  occasion .  764  184 

Use  of  nothing  permitted  liable  to  create .  765  184 

Nothing  permittted  to  exist  liable  to  create .  766  184 

Indecently  exhibiting  stud  horses,  etc .  820  193 

Keeping  over  three  swine  in  one  pen .  846  197 

Foul  cellar,  drain,  etc .  847  197 

Foul  privies .  848  198 

Merchandise  on  sidewalk .  849  198 

Vehicles  loaded  with  dead  hogs .  850  198 

Crowds  about  jails . 851  198 

Removal  of .  852  198 

Statutory  and  common  law .  853  199 

OATH— 

To  be  taken  by  officers .  25  3 

Of  all  city  officers .  76  25 

To  be  filed  in  office  of  city  clerk .  76  25 

Mayor  and  city  clerk  may  administer .  88  28 

Of  commissioner  special  assessment .  139  39 

Refusal  or  neglect  to  take — vacates  office . 271  77 

Of  oil  inspector .  276  78 

Of  non-registered  voter . 315  90 

OFFICERS— (See  Oath.) 

Term  of,  not  to  be  extended  after  election . v .  28  3 

Fees  of,  not  to  be  changed  during  office .  22  3 

Who  ineligible,  etc .  . 4  3  11  4 


INDEX. 


24 

OFFICERS,  continued.  Sec.  Page 

Election  after  change  of  organization .  7  9 

Term  of  first  officers .  9  9 

How  removed  and  restored .  21  11 

Misconduct  of . 28  11 

Power  of  council  over .  63  21 

Wliat  officers  to  be  elected .  73  25 

Council  may  provide  additional  ones .  74  25 

Appointments,  vacancies,  duties,  powers .  75  25 

Oath,  bond .  70  25 

Commission  .  77  26 

Qualifications  of  .  78  26 

Not  interested  in  contracts .  79  26 

Bribery,  etc .  80  26 

Power  to  make  arrests .  84  ,  27 

Compensation  of .  87  28 

Report  fees  received .  87  28 

Contracting  liabilities  limited .  92  20 

May  be  authorized  to  attend  tax  sales .  160  45 

New  bonds  may  be  required  of .  195  08 

Release  of  sureties,  new  bond,  etc .  196  59 

Effect  of  new  bond . - .  197  59 

When  effects  to  be  delivered  to  sureties .  198  59 

Town,  election  of .  219  64 

Duties  of  sheriff,  police,  etc .  224  65 

Not  to  be  interested  in  contracts .  268  76 

Bribery  of ,  etc .  268  76 

Penalty  for  bribery,  etc .  269  76 

Vacancies,  resignation,  etc . 271  77 

Salaries  not  to  be  changed . _ .  273  77 

Mayor  supervise  conduct  of .  405  127 

How  appointed  . . : .  406  127 

Term  of  office  . 854  199 

Bonds  of,  how  executed .  855  199 

Salaries  of,  how  fixed . * .  859  199 

To  be  paid  monthly . 860  199 

Make  reports  to  mayor .  861  200 

Deliver  books  to  successor .  862  200 

Fees  of,  for  use  of  city .  863  200 

Penalty  for  misconduct .  864  200 

OFFICIAL  BONDS— (See  Bonds.) 

OILS— (See  Gasoline,  Naptha,  etc.) 

OMNIBUS— (See  Coaches,  Cabs,  etc.) 

ORDINANCES— 

Not  to  be  annulled  by  change  of  organization .  11  9 

Mayor  to  see  that  they  are  executed . 24  11 

Revision  of .  29  12 

Vote  required  on  passage  of . c .  42  13 

Yeas  and  nays  to  be  taken .  42  13 

Concerning  health,  enforcement  of .  45  13 

To  be  deposited  in  clerk’s  office .  47  14 

Approval .  47  14 

Passing  over  veto .  48  14 

Style  of .  64  23 

Publication  of,  when  to  take  effect .  65  23 

Proof  of .  66  23 

Suits  for  violation  of .  67  23 

(See  also  Special  Laws  and  Ordinances.) 

Actions  for .  69  24 


INDEX.  25 

ORDINANCE,  continued.  Sec.  Page 

To  be  recorded .  83  27 

Evidence  of  passage  of .  83  27 

Annual  appropriation  ordinance .  90  28 

Levying  tax . 112  34 

For  improvement,  special  assessment .  118  35 

Sidewalk  ordinances .  135  39 

Justices  have  jurisdiction  in .  251  72, 

Power  to  pass  concerning  libraries .  252  72 

All  ordinances  deposited  with  clerk .  264  75 

Mayor’s  bill,  concerning  . . .  263  75 

Arrest  and  imprisonment  for  violation  of .  283  80 

For  sidewalks .  347  98 

Annexation  ordinance  to  be  recorded .  369  106 

Disconnecting  ordinance  to  be  recorded .  379  109 

To  be  drawn  by  city  attorney .  449  134 

To  be  recorded  by  clerk .  865  200 

Originals  hied,  prbof  of .  865  200 

Same  olfense  made  punishable  by  different  ordinances .  866  200 

Construction  in  regard  to  minimum  and  maximum  fines .  867  200 

Ordinance  repealing  a  former  one .  868  200 

General  construction  of . : .  869  201 

Where  no  penalty  is  provided .  870  201 

Bound  books  of  ordinances  deposited  with  clerk .  871  201 

Mayor  may  present  copies  to  other  cities . 872  201 

Proof  sheets  of  newspaper  publications  preserved .  873  201 

Suits  for  violation  of,  where  begun . 901  205 

Repealing  clause  of  this  ordinance . 1020  228 

Special  orders,  etc.,  not  repealed . 1020  228 

Time  of  passage  of  this  ordinance . 1021  228 

ORGANIZATION — 

Under  general  law .  1  7 

Prior  laws  in  force  after  change  of .  6  8 

PARKS— 

Duties  of  superintendent  of  streets  respecting .  874  201 

Unlawful  to  climb  fences  in .  875  201 

Unlawful  to  turn  annimals  into .  876  202 

Throwing  stones  in  prohibited .  877  202 

Passage  ways  to  be  kept  clear .  878  202 

PAWNBROKERS— 

To  be  licensed .  883  202 

Defined .  884  202 

Fee,  bond,  etc .  885  203 

Business  of,  regulated .  886  203 

Books,  description  of  articles .  887  203 

Open  to  inspection  by  officers .  888  203 

Receiving  stolen  goods,  etc .  889  203 

City  marshal  to  report  violations  of  ordinance .  890  203 

May  revoke  license .  891  203 

PEDDLERS— 

Defined .  892  203 

License  fee .  893  204 

Fraud,  misrepresentation  prohibited .  894  204 

Sale  of  country  produce .  895  204 

Permits  for  sales  without  license . •. .  896  204 

PENALTY— 

Misconduct  of  mayor  or  other  officer .  28  11 

Ordinance  imposing  to  be  published .  65  23 

Suits  for  recovering,  etc .  67  23 

For  bribery,  etc . 80  26 


26 


CSTDEX. 


PENALTY,  continued.  sec.  page 

On  foreign  insurance  companies . .  Ill  33 

On  collector  failing  to  give  notice  of  special  assessment .  153  43 

For  returning  paid  tax  as  delinquent .  157  44 

How  suits  brought  to  recover  ..  .• .  181  51 

For  fast  driving  on  bridges . 205  01 

For  making  false  certificate  of  record .  230  66 

For  officers  obtaining  contracts,  bribery,  etc .  269'  70 

For  misconduct  of  oil  inspector .  280  79 

For  not  having  oil  inspected,  etc .  281  79 

Violating  act  concerning  public  buildings .  299  85 

For  unlawful  speed  of  railroad  trains .  807  87 

For  failing  to  provide  flagmen .  808  87 

For  false  statements  as  elector. . .  .  310  91 

False  registration  as  voter,  etc . 321  92 

For  converting  school  fund .  327  93 

To  enforce  street  labor . ! .  854  102 

For  refusing  to  obey  notice  of  health  officer .  471  138 

For  refusing  to  obey  orders  of  health  officer .  473  139 

For  defacing  and  removing  notices  of  contagious  diseases _  475  189 

For  neglecting  small  pox  orders,  etc .  470  HO 

For  disobeying  orders  of  the  board  of  health  .  47-7  140 

For  fire  company  leaving  fire  without  orders .  520  148 

For  obstructing  the  use  of  hydrants  .  529  149 

For  personating  fireman .  580  149 

For  refusing  to  obey  orders  of  tire  marshal . 531  149 

For  draymen  refusing  to  haul  engine,  etc .  532  149 

For  obstructing  firemen  on  duty .  533  149 

For  drawing  vehicle  across  hose . ~ .  534  149 

For  allowing  private  use  of  engines .  535  149 

For  permitting  engine  to  leave  city. . . .  530  150 

For  foreman  refusing  to  obey  fire  marshal .  537  150 

For  tampering  with  fire  apparatus . .  588  150 

For  inspector  selling  weights  and  measures .  549  152 

For  peddlers,  hawkers,  etc.,  refusing  to  have  weights,  etc., 

inspected .  550  152 

For  using  weight,  etc.,  not  inspected .  553  153 

For  selling  berries,  etc.,  in  wine  measure. .  554  153 

For  deceit  in  sale  of  wood,  coal,  etc .  554  153 

For  using  unsealed  weights  and  measures .  555  153 

For  hindering  or  obstructing  inspector .  556  153 

For  selling  wood,  coal,  etc.,  without  certificate  of  weight .  503  155 

For  removing  portion  of  load  before  delivery . 505  155 

For  holding  entertaiements  without  license .  579  157 

For  permitting  gaming  and  lotteries  in  shows .  584  1.58 

For  owner  <  f  hall  refusing  to  obtain  license .  585  158 

For  defacing  show  bills .  586  158 

For  obstructing  aisles  with  chairs,  etc .  587  158 

For  standing  about  lobbies  and  door  ways  of  halls,  etc . 581  159 

For  permitting  bellman  or  crier  at  auction .  590  160 

For  holding  auction  on  street  without  license. . .  597  100 

For  abusing  auctioneer’s  license . 601  160 

For  violating  prohibitions  of  article  on  auctioneers .  003  101 

Unlawful  burials  by  sexton  or  others .  611  162 

For  defacing  monuments,  etc .  623  163 

For  injuring  fences,  shrubbery,  etc .  .  024  104 

For  digging  grave  unlawfully .  625  164 

For  disturbing  grave .  626  104 

For  violating  cemetery  article .  627  164 

For  not  keeping  number  of  license,  etc  ,  in  cabs,  coaches,  etc. .  641  160 

For  refusing  to  carry  passengers .  042  160 


INDEX 


PENALTY,  continued.  Sec.  Page 

For  refusing  to  haul  baggage,  goods,  etc .  650  167 

For  decit,  fraud,  etc .  650  167 

For  cartmen  causing  disturbance,  etc .  651  167 

For  using  public  cart  without  license .  652  168 

For  carrying  concealed  weapons .  655  168 

For  loitering  about  depots .  664  169 

For  hindering  dog  catchers .  673  171 

For  violating  article  in  regard  to  dogs .  676  171 

For  obstructing  or  injuring  city  drain  .  680  172 

For  discharging  tire  arms,  etc . 691  173 

For  discharging  firecrackers,  etc .  692  173 

For  discharging  cannon .  693  173 

For  selling  tire  crackers  without  permit .  694  173 

Erecting  buildings  in  tire  limits  without  permit  .  706  175 

Violating  tire  limit  article .  714  176 

Fire  marshal’s  neglect  of  duty .  715  176 

Keeping  gaming  house .  716  177 

Gaming .  717  177 

Refusing  entrance  to  room,  etc . 718  177 

Having  gaming  tools  in  possession .  719  177 

Permitting  use  of  building  for  gaming .  720  177 

Frequenting  or  soliciting  for  gaming  houses .  721  177 

Obstructing  officer .  722  178 

Keeping  in  store  kerosene,  naptha,  etc.,  unlawfully .  728  179 

Violating  health  article .  767  185 

Fast  driving . 768  769  185 

Permitting  horse  to  run  at  large . 770  185 

Driving  horse  upon  sidewalk . 771  185 

Horse  racing  on  street .  772  185 

Driving  sleigh  without  bells .  774  186 

Leaving  horse  unfastened .  775  186 

Keeping  horse  diseased  with  glanders .  776  186 

Violating  horse  article . 777  186 

Violating  provisions  of  ice  article .  781  186 

Lighting  lamps  without  authority .  785  187 

Defacing  or  breaking  lamps .  786  187 

Permitting  boys  under  18  to  play  billiards .  798  189 

Permitting  disturbances,  etc.,  in  billiard  rooms .  799  189 

Keeping  open  billiard  rooms  after  midnight .  800  190 

Selling  or  drinking  liquor  in  billiard  room .  801  190 

Violating  provisions  of  billiard  license  .  802  190 

Alderman  refusing  to  obey  citation .  606  191 

See  miscellaneous  practices . SQSetseq  191 

Keeping  more  than  three  swine  m  pen .  846  197 

Keeping  foul  cellar,  drain,  etc  . .  . 847  197 

Obstructing  sidewalks  with  merchandise .  849  197 

Unloading  dead  hogs,  etc.,  in  city .  850  197 

Crowds  gathering  about  jails,  prisons,  etc . 851  197 

Refusal  to  abate  nuisance . 852  197 

Officer  refusing  to  deliver  books  to  successor .  862  200 

Violating  article  in  regard  to  officers .  864  200 

Violating  article  on  parks,  public  grounds,  etc .  882  202 

Violating  provisions  of  pawnbroker’s  license .  891  203 

Peddler  failing  to  take  out  license .  892  203 

Peddler  using  deceit,  fraud,  etc .  894  204 

Violating  article  in  relation  to  peddlers .  896  204 

Police  officer  neglecting  duty .  900  205 

Prisoner  refusing  to  work  on  streets,  etc .  908  207 

Permitting  animals  to  go  at  large.. . .  914  209 

Illegal  sale  of  impounded  animals .  925  211 


INDEX. 


28 

PENALTY,  continued.  sec.  page 

Breaking  open  pound .  926  211 

Hindering  officer  impounding  animal .  9t>7  211 

Taking  animal  from  inclosed  lot  to  pound .  930  212 

Railroad  trains  obstructing  street .  937  213 

Railroad  refusing  to  maintain  gates,  gaurds,  etc .  939  213 

Violating  article  on  railroads .  941  214 

Running  cars  over  hose  of  lire  company .  942  214 

Keeping  saloon  open  Sunday  or  after  midnight . 951  215 

Violating  mayor’s  order  on  election  days,  etc . 951  215 

Keeping  disorderly  house .  952  216 

Permitting  disturbance  in  saloon .  953  216 

Permitting  vagrants  and  drunkards  to  frequent .  953  il6 

Selling  liquor  to  minor .  954  216 

Selling  liquor  to  habitual  drunkard . 955  956  216 

Selling  liquor  without  license .  957  217 

Delivering  liquor  at  place  not  named  in  license .  958  217 

Laying  sidewalk  at  unlawful  grade .  961  218 

Constructing  sidewalk  contrary  to  ordinance .  962  218 

Leaving  cellar  door  open .  968  219 

Driving  horse  on  sidewalk .  970  219 

Obstructing  sidewalk  with  team,  etc . 971  219 

Obstructing  sidewalk  with  vehicle,  etc .  976  221 

Violating  sidewalk  article .  977  221 

Blowing  steam  whistles .  981  221 

Violating  article  on  “stove  pipes” .  987  222 

Injuring  pavement,  removing  earth  from  street,  etc .  989  222 

Incumbering  street  with  lumber,  etc .  991  222 

Violating  article  on  “streets” .  994  223 

Kindling  tires  in  streets .  995  223 

Foot  racing,  chasing,  shinney,  etc .  996  223 

Stopping  team  on  crossing,  etc .  . .  997  223 

Erecting  building  on  street .  998  224 

Placing  privy  near  street .  999  224 

Obstructing  sidewalk  with  gate  swinging  out . 1000  224 

Failing  to  perform  street  labor . 1001  224 

Refusing  to  trim  shade  treet,  on  notice . 1008  226 

Breaking  or  injuring  shade  trees,  shrubs,  etc . 1009  226 

Trimming  shade  trees  contrary  to  ordinance. . , . . 1010  226 

Planting  trees  contrary  to  ordinance . 1011  226 

Hitching  teams  or  cattle  to  shade  trees . 1012  226 

PHYSICIANS— (See  Health.) 

POLICE  DEPARTMENT— (See  Chapter  VII,  also  Police.) 

POLICE— 

Power  to  make  arrests — conservators  of  the  peace .  84  30 

Deputy  marshal,  council  may  create . 491  143 

Bond .  492  143 

Duties  of,  powers  of  a  police  officer .  493  143 

Appointed  by  city  marshal— when .  495  143 

Under  direction  and  control  of  marshal .  496  143 

Extra  police,  how  appointed .  497  143 

How  removed,  misconduct,  etc .  498  144 

Shall  wear  metal  star .  499  144 

Powers  and  duties,  bond,  compensation,  etc . 500-504  144 

Duties  in  regard  to  weighing  hay,  coal,  etc .  569  155 

To  clear  aisles  of  theatres,  halls,  etc .  589  159 

Settle  disputes  about  hack  fare,  etc . .  649  167 

Arrest  persons  carrying  concealed  weapons .  656  168 

Visit  depot  grounds  and  arrest  vagrants,  etc .  665  170 

Take  up  and  impound  dogs . .  674  171 


INDEX. 


29 


POLICE,  continued. 

Enforce  article  in  regard  to  lire  arms,  etc . 

Enforce  article  in  regard  to  gaming . 

Arrest  keepers  of  disorderly  houses  on  Sunday 

Keep  sidewalks  and  streets  clear . 

(See  also  Police  Force  and  Police  Magistrate.) 


POLICE  FORCE— 

Duties  of  members .  897  204 

Power  to  arrest  for  violating  ordinances .  898  205 

As  constables  to  serve  warrants,  executions,  etc .  899  205 

Neglect  of  duty,  fraud,  extortion,  etc .  900  205 

Police  and  firemen’s  relief  fund . 287  et  seq  81-84 

Suits  for  violation  of  ordinance  when  begun .  901  205 

How  conducted,  procedure,  etc .  903  206 

Duties  of  magistrate .  904  206 

May  take  security  for  judgment,  etc .  905  206 

Make  quarterly  reports  to  city  clerk .  913  208 


PORTERS  AND  RUNNERS— (See  Coaches,  Cabs,  Carts.) 

POUND— (See  Powers  of  City  Council.) 

Animals  prohibited  from  running  at  large 

Pound  to  be  provided . 

Who  may  impound  animals . 

Impounding  fee . 

Redemption  of  animal,  procedure,  etc _ 

Complaint  to  be  tiled,  form  of . 

Unknown  owners,  pound  notice,  trial,  etc. 

Procedure,  sale,  purchase,  etc . 


PRIVIES— (See  Health,  also  Nuisances.) 

PROVISIONS  OF  FORMER  CHARTER . pages  113-124 

PUBLIC  SQUARE— (See  Parks.) 

PUBLICATION— 

Of  ordinances  in  newspapers  or  book  form .  65  23 

Of  sidewalk  ordinances' . 348  99 

(See  also  Notices.) 

RAILROADS— 

Powers  of  council  over . [25—27]  63  18 

May  construct  sewers,  etc.,  through . [89]  63  22 

Grant  right  of  way  only  on  petition . [90]  63  22 

Speed  through  cities,  etc.,  damages .  307  87 

Flagmen,  shelter .  308  87 

Getting  on  or  off  cars .  831  194 

Rate  of  speed  allowed .  931  212 

Trains  obstructing  street .  932  212 

To  be  uncoupled .  933  212 

Headlights  required .  934  213 

Moving  cars  in  street  prohibited .  935  213 

Bells,  whistles,  etc .  936  213 

Leaving  cars  on  crossing .  937  .  213 

Shall  construct  guards,  viaducts,  etc .  938  213 

(See  also  Steam  Whistles.) 

B.,  M.  &  ILL.  RIVER  R.  R.— 

Right  of  way .  236 

RECONSIDERATION— 

Not  to  be  done  at  special  meeting,  unless  etc .  43  13 

Of  ordinance  vetoed . 48  14  265  75 

REGISTRATION— 

Of  electors  (See  Election.) 


....  914  209 
....  915  209 
....  916  209 
....  917  209 
....  918  209 
....  919  209 
....  920  210 
921  et  seq  210 


Sec.  Page 

695  174 
722  178 
842  196 
.  878  202 


30 


INDEX. 


11E PORTS  REQUIRED— 

From  mayor,  on  removal  of  officers . 

Of  fees  received  by  officers . 

Monthly  report  of  city  treasurer . 

Annual  report  of  city  treasurer . 

Annual  report  of  city  clerk . 

Annual  estimate  of  city  clerk . 

Quarterly  report  to  council,  by  clerk . 

RESIGNATIONS— (See  Officers.) 

SALARIES— 

Not  to  be  changed  during  term  of  office . 

(See  also  officers.) 

SALOONS- 

Power  to  regulate  sale  of  liquors . 

City  council  may  license  sale  of  liquors . 

Applications  for,  how  made . 

Bond,  sureties,  etc . 

License  fee . 

License,  how  granted . 

License  expires  when .  . . 

License  revoked  when . 

License  to  be  posted . 

Not  to  be  kept  open  after  midnight . 

Not  to  be  kept  open  on  Sunday . 

Not  to  be  kept  open  election  days,  etc . 

Not  to  be  kept  underground,  etc . 

No  games  allowed . 

Disturbances,  etc.,  not  to  be  permitted . 

Sale  of  liquor  to  minors  prohibited . 

Sale  of  liquor  to  habitual  drunkard . 

When  sale  to  any  person  is  forbidden . 

Sale  of  liquor  without  license  prohibited . 

Druggist  to  be  permitted  to  sell  for,  etc . 

Liquor  not  to  be  delivered  at  any  other  place . 

SCHOOLS— 

Liability  for  conversion  of  funds . . 

Realty  of  school  officers  held . 

Officers  responsible  for  losses . 

No  cost  taxed  against  school  officers . 

Cities  and  villages  subject  to  general  law,  except  etc 

Boards  of  education,  when  elected . 

Term  of  office  of  members . 

Powers  of  board . 

School  property— supplies,  etc . 

President,  secretary— record . 

Yeas  and  nays .  . . 

Powers  exercised  only  at  meetings . 

Report  to  be  published . 

Township  treasurer  to  have  charge  of  funds . 

Funds  subject  to  order  of  board . 

Special  school  law  may  be  abandoned . 

Vote— organization  under  general  law . 

Colored  children  not  excluded . 

(See  also  Special  Laws  and  Ordinances) . 

SEAL — 

Powerf to  adopt . ' . 

Clerk  to  keep . 

Certified  copies  under . 

Established  and  described . 


sec.  Page 

.  21  11 

.  87  28 

.  96  30 

.  98  30 

.  433  131 
.  434  132 
.  435  132 


85-87  28 


[46  48j  63  20 

.  943  214 

.  944  214 

.  945  215 

.  946  215 

.  947  215 

.  948  215 

.  .^....  949  215 

.  950  215 

.  951  215 

.  951  215 

.  951  215 

.  952  216 

.  952  216 

.  953  216 

.  954  216 

.  955  216 

.  956  216 

.  957  217 

.  957  217 

.  958  217 


327  93 

328  94 

329  94 

330  94 

331  94 

332  95 

333  95 

334  95 

335  96 

336  96 

337  96 

338  96 

339  96 

340  97  . 

341  97 

342  97 

343  97 

344  98 
231 


10  9 

82  27 

82  27 

959  217 


INDEX. 


31 

SEXTON—  SEC- PAGE 

Office  established .  570  155 

To  be  appointed . 571  156 

Bond .  572  156 

Duties  of . 573  to  575  156 

Make  annual  report  to  clerk .  576  156 

Compensation .  577  156 

(See  also  Burial  of  Dead.) 

SEWERS— (See  Drains.) 

SHEDS— (See  Eire  Limits.) 

SHOWS— (See  Amusements.) 

SIDEWALKS— 

Powers  of  council  over .  63  21-22 

Owner  of  lots  may  build .  135  39 

By  special  assessments,  how . 347  98 

What  ordinance  may  provide .  348  99 

In  case  owners  neglect  to  construct .  349  99 

Special  tax— duty  of  clerk,  report .  350  100 

Judgment  and  sale  for  delinquent  special  tax .  351  101 

When  constructed  by  owner,  etc  .  352  101 

Annual  estimate  of  superintendent  of  streets .  461  136 

Grades  of— (See  Grades.) 

Horses  not  to  be  driven  upon .  771  185 

Games,  exhibitions,  etc.,  upon,  prohibited .  809  191 

Banana  skins,  orange  peel,  etc .  816  192 

Goods,  wares,  etc  ,  not  to  be  placed  on .  849  198 

Constructed  under  direction  of  superintendent  of  streets .  960  218 

Established  grade  of  not  to  be  altered .  961  218 

Materials  and  construction  of .  962  218 

Use  of  space  underneath  for  vaults,  etc .  964  218 

Boilers,  cess  pools,  etc.,  not  to  be  under .  965  219 

Openings  over  vaults  to  be  covered .  966  219 

Owner  liable  for  resulting  damages .  967  219 

Penalty  for  leaving  vault  open .  968  i  19 

Space  allowed  for  merchandise .  969  219 

Vehicles,  horses,  etc.,  not  to  be  driven  upon .  970  219 

Cross  walks  to  be  kept  clear . 971  220 

Clothing,  goods,  etc.,  not  allowed .  971  220 

Signs  not  to  occupy  more  than,  etc .  972  220 

Booths,  stands  not  to  be  erected .  973  220 

Permits  for  booths  may  be  granted .  974  220 

Awnings  to  be  eight  feet  above  .  975  220 

Horses  not  be  fastened  to,  etc .  976  221 

Velocipedes,  bicycles,  hoops  upon,  prohibited .  977  221 

To  be  kept  free  from  obstructions .  988  222 

Not  be  torn  up  or  injured .  ...  989  222 

Pavement  to  be  restored  after  excavations .  992  223 

Teams  not  to  be  stopped  upon .  997  223 

Structures  not  to  be  erected  on .  998  224 

Shade  trees  to  be  six  feet  from  inside  line . 1011  226 

SIGNS— 

Not  to  project  more  than  three  feet .  973  220 

SLAUGHTERING— 

Special  permit  required .  757  183 

SLEIGHS— 

Not  to  be  driven  without  bells .  774  186 

SPECIAL  ASSESSMENTS— 

Authorized  by  constitution .  9  4 

Funds  kept  separate .  100  31 


INDEX. 


SPECIAL  ASSESSMENTS,  continued.  Sec.  Page 

Tower  to  make . . ' .  117  35 

Ordinance  for  improvement .  118  35 

When  property  taken .  119  30 

Petition  for  compensation  for  damages .  120  30 

Form  of  petition . 121  30 

Summons,  publication,  notice .  122  30 

Hearing,  jury,  etc .  123  30 

Jury  to  ascertain  compensation,  etc .  124  37 

Viewing  premises,  ownership,  etc. . .  125  37 

Judgment,  new  parties,  etc .  120  37 

Powers  of  court .  127  37 

Ownership  of  property .  128  37 

Persons  under  disability .  129  38 

Judgment— effect — appeal,  etc .  130  38 

Order  for  possession .  131  38 

When  improvement  is  made  by .  133  39 

How  made .  134  39 

Ordinance  for,  owner’s  rights .  135  39 

Estimate  of  cost .  130  39 

Order  for  proceedings  in  court .  137  39 

Petition  to  court .  138  39 

Appointment  of  commissioners .  139  39 

Duties  of  commissioners . .  140  40 

Assessment  roll— return  .  141  40 

Notice  by  mail,  posting,  etc .  142  40 

Proof  of  notice .  143  41 

Continuance— for  notice .  144  41 

Objections,  judgment  by  default .  145  41 

Hearing— jury .  140  41 

Precedence .  147  42 

Court  may  modify .  148  42 

Appeal,  lien,  etc . 149  42 

Judgment  certified  to  city  clerk .  150  42 

Form  of  warrant . . .  151  42 

Collectors’  notice,  form  of .  152  42 

Manner  of  colletting— entry  of  payment .  153  43 

Delinquent  list,  report  of  to  county  collector .  154  43 

Laws  governing  application  for  judgment .  155  44  . 

Return  of  sales — redemption . . .  150  44 

Penalty  when  lands  sold  for  tax .  157  44 

Paying  over — compensation .  158  44 

General  revenue  laws  apply . 159  44 

City  may  buy  in . 100  45 

When  assessment  set  aside .  101  45 

Supplemental  assessments  .  162  45 

New  assessments  against  delinquents .  103  45 

Contracts  payable  from  asssessments .  104  40 

How  contracts  let — approval . ..  105  40 

Lien .  106  40 

Collection  by  suit .  107  40 

Petition  to  assess  benefits  in  case .  108  47 

Adoption  of  this  article .  109  47 

SPECIAL  BAIL— 

May  be  taken  in  case  of  arrest . 911  208 

SPECIAL  ELECTIONS— 

Power  to  call . 01  62  10 

SPECIAL  MEETINGS— (See  Meetings.) 

SPECIAL  FUNDS— 

Special  assessment  funds  kept  separate .  100  31 


INDEX. 


33 


SPECIAL  FUND,  continued. 

Set  apart  for  payment  of  particular  debt,  etc . 

Library  fund . 

Police  and  firemen’s  relief  fund  . 

For  parks,  boulevards,  etc . 

For  schools . 

Sewerage  and  water  pourposes  . . 

SPECIAL  LAWS  AND  ORDINANCES— 

Public  Schools . 

Cemetery  established . 

Cemetery  alleys  vacated  . 

Cemetery  lots  numbered  sub-divided,  etc . 

Gas  company  granted  privileges  . 

Gas  works,  provided  tor . 

Gas  works,  establishment  of  defined . 

Gas  ordered  for  street  lamps . 

Right  of  way  granted  to  B.  M.  Ill.  River  Ry . 

Alley  established  in  block  ten,  etc . 

Streets  opened  (Cedar,  Wood,  Warsaw,  etc.) . 

Streets  widened  (Harding  and  Wood) . 

Street  widened  (South) . 

Telephone  company  granted  privileges . 

Voluneers,  aid  to . 

SPIRITUOUS  LIQUORS— (See  Saloons.) 

STALLIONS— (See  Miscellaneous  Practices.) 

STEAM  WHISTLES— 

Not  to  be  blown,  except  for,  etc .  . 

Construction  of  article . 

Violation  of  article . 

(See  also  Railroads.) 

STOVE-PIPES— 

Unlawful  to  use  or  erect,  except,  etc . 

Not  to  be  within  three  inches  of  wood-work . 

Set  in  fire-proof  material . 

Not  to  discharge  less  than  three  feet  from  roof _ 

Violation  of  article  on . 

Enforcement  of  article . 

STREETS— 

Use  of  to  street  railways  how  granted . 

Powers  concerning . 

Power  to  regulate  traffic  on . 

Powers  to  name  and  change  names  of . 

Power  to  open  through  railroad  lands . 

Railroad  tracks  on . 

Labor  on . 

May  be  taken  for  boulevards . 

Boulevards  revert  to  cities,  when . 

Park  board  may  control,  when . 

Council  may  require  labor  on . 

Vacation  of,  vote  required,  etc . 

Owner’s  rights  whemstveet  vacated . . 

Under  charge  of  superintendent  of  streets  . 

See  also  chapter  V,  art.  1 . 

Marshal  to  take  notice  of  and  remove  obstructions 
Auctions  on  street  not  allowed  without  permit. . . 
Grades  of,  (See  Grades). 

No  offensive  substance  to  be  permitted  upon . 

Dirt,  brick,  rubbish,  etc.  not  permitted . 

Contents  of  privies,  drains,  etc.  not  to  run  upon. . 


Sec.  Page 
...  115  35 

...  252  72 

...  287  81 

...  301  86 

.  .  340  97 

361-362  104 


. . .  231- 

-232 

232 

232 

233 

233 

235 

235 

235 

236 

236 

237 

238 

238 

239 

240 

978-979 

221 

...  980 

221 

...  981 

* 

221 

...  982 

221 

...  983 

221 

...  984 

222 

...  985 

222 

...  986 

222 

...  987 

2l2 

...  4 

5 

13^ 

63 

17 

[201 

63 

18 

23 

63 

18 

[89] 

63 

22 

901 

63 

22 

72 

24 

...  301 

86 

...  304 

86 

...  305 

86 

...  353 

101 

...  355 

102 

...  356 

102 

135 

135 

...  485 

141 

...  597 

160 

.741-742 

181 

...  745 

181 

...  746 

181 

34 


INDEX. 


STREETS,  continued. 

Dead  animals  not  to  be  left 
(See  also  horses.) 

lee  wagons  in . 

Sports,  exhibitions,  etc . 

Street  corner  not  to  be  encu 


upon. 


Vehicles  meeting  on. 
Drunkenness  in . 


Labor  of  prisoners 


To  be 


Earth  sod,  etc.,  not  to  be  removed  from 
Excavations,  how  made . 


Not  to  be  obstructed  by  teams . 

Buildings  etc.  not  to  be  erected  upon. . 
Privies  not  to  be  within  15  ft.  of  street. 

Gates  not  open  outward  upon . 

Street  labor  (see  Labor  on  Streets). 
Trees  in,  not  injured  or  cut  down . 


Right  of  way  granted  to  B.,  M.  &  Ill.  Riv 

pot  and  Sedgwick  streets . 

North  street— alley  opened  to . 

Parts  of  cedar,  Wood,  Warsaw,  Lancast 
Locust  streets  opened. 


Harding  street  dehned  and  widened 


Wood  street  widened . 

South  street  widened . 

STANDING  COMMITTEES- 
How  appointed,  enumerated. 

SUPPLIES — 


SEC.  I* 

A  < ;  E 

. 759 

183 

, ...  780 

186 

....  809 

191 

. ...  817 

192 

192 

. . . .  828 

194 

. ...  839 

196 

. ...  844 

197 

....  849 

198 

. ...  850 

198 

. ...  879 

202 

....  906 

207 

91 2 

. ...  935 

213 

. ...  938 

213 

. ...  974 

220 

. ...  988 

222 

. . . .  989 

009, 

. ...  990 

922 

.992-993 

223 

. ...  994 

223 

. ...  995 

223 

. ...  996 

223 

. . .  997 

223 

. ...  998 

224 

. ...  999 

224 

. .. .1000 

224 

. . . .1009 

226 

.. ..1010 

226 

De- 

236 

236 

and 

237 

238 

238 

238 

..1005-6 

225 

. . ..1013 

226 

TAXES — 

Cities  authorized  to  levy  by  constitution 

Must  be  uniform . 

To  pay  interest  and  principal  of  debt. . . . 

Power  to  levy  and  collect . 

For  judgments  and  temporary  loans _ 

Ordinance  levying — limitation . 

How  collected . 

Time  of  paying  over . 

When  levied  for  particular  purpose . 

To  be  uniform . 

To  pay  registered  bonds . 

How  disbursed  for  paying  bonds . 

On  insurance  companies . . 

For  public  library . 

For  boulevards . 


...  9 

. ..9-10 
. ..  12 
[3]  63 
. . .  91 
...  112 
...  113 
..  114 
. ..  115 
.  ..  116 
. ..  182 
. ..  188 
. ..  250 

‘>:V> 


301 


4 

4 

12 

17 

29 

34 

35 
35 
35 
35 
51 
56 

71 

72 
86 


INDEX. 


TAXES,  continued.  Sec.  Page 

City  to  certify  amount  required,  etc .  324  93 

City  may  attend  tax  sale . . 326  93 

Board  of  education  to  levy .  334  95 

How  assessed  and  collected . 357  102 

Rebate  when  property  destroyed . .*  353  103 

When  may  be  reduced  or  released .  359  103 

Power  to  levy  and  collect  for  sewerage .  36]  104 

Power  to  levy  and  collect  for  water .  362  104 

Drawback,  amountxfity  may  receive .  365  105 

Set  apart  for  payment  of  warrents  drawn  on  them .  384  110 

For  water  supplied  by  incorporated  company .  385  l]0 

TELEPHONES— 

Permission  to  erect  and  maintain,  granted  etc .  239 

TREES- 

Not  to  obstruct  reflection  of  gas  lamps . 1007  225 

Superintendent  of  street  may  trim . 1008  220 

Not  to  be  injured  01  destroyed. . 1010  226 

To  be  six  ft.  from  inside  line, etc . 1011  226 

Unlawful  to  hitch  horses . 1012  226 

VACANCY— 

-  In  office  of  mayor . 16-19  10 

In  office  of  alderman . 33  12 

In  office  of  alderman  under  minority  plan .  55  15 

IIow  tilled . *.  75  25 

When  office  becomes  vacant . ’ . . .  ]  271  77 

Who  may  determine . . *  ’  *  ’  272  77 

VACATION  OF  STREETS- 

Power  to  make,  vote  required,  damages,  etc .  355  102 

Rights  of  adjoining  owners . ’  359  102 

VAGRANTS— 

Defined,  penalty  for  vagrancy .  819  192 

VOTE  OF  COUNCIL— 

Mayor  has  casting  vote . 20  11 

Two-thirds  restore  officei .  ’  ’  *  21  u 

Majority  to  pass  ordinances . ^  42  13 

Two-thirds  to  sell  school  or  city  propery . 42  13 

Two-thirds  to  pass  over  veto . . .  ’ '  43  14 

Two-thirds  create  new  offices  and  discontinue  offices.. .  ’ . . .. .  * 74  25 

Two-thirds  order  improvement  after  appropriations  are  made .  91  29 

Two-thirds  let  contracts  without  advertising .  165  46 

Two-thirds  pass  ordinance  over  veto  . 263  75 

Three-fourths  to  vacate  street . 355  102 

Two-thirds  to  annex  one  corporation  to  another .  368  106 

Majority  to  disconnect  territory . 1 .  378  108 

WARDS— 

Council  may  divide  city  into .  52  14 


WARRANTS— 

For  violating  ordinance .  69  24 

Officers  to  be  commissioned  by  . *  77  26 

Treasurer  to  deposit,  etc . ’.*]*.  99  30 

Form  of,  for  payment  of  money . 99  31 

<  lerk  to  have  charge  of . *.'.***  105  32 

For  collection  of  special  assessment . ]  151  42 

On  police  and  fire  relief  fund . . . 291  83 

On  school  fund .  344  33 

For  collection  special  sidewalk  tax . 349  100 

Drawn  upon  treasurer,  when .  383  110 


36  INDEX. 

« 

WARRANTS,  continued.  Skc.  Page 

Issued  in  anticipation  of  taxes .  384  110 

How  treasurer  shall  pay.. .  439  132 

WATER  AND  WATER  WORKS— 

Rower  of  council  in  regard  to . 170  et  seq  47 

Water  fund  tax . 361-362  104 

Council  may  issue  bonds  for  water  supply .  385  110 

W  E IG II M  AST  E  R — 

Office  created,  bond,  etc . 558-9  154 

Duties  of . 560  et  seq  154 

Compensation  of .  566  155 

WEIGHTS  k  AND  MEASURES— (See  Inspector  of.) 

WHISTLES— (See  Steam  Whistles.) 

WOOD— 

Not  to  be  sold  by  load  without  certificate .  563  155 

Free  for  measuring . : .  564  155 

TEAS  AND  NAYS— 

To  be  taken  on  removal  of  officer .  21  11 

To  be  demanded  by  any  alderman .  42  13 

To  be  taken  on  passage  of  ordinances,  etc .  42  13 

To  be  taken  on  passing  ordinance  over  veto .  48  14 

To  be  taken  on  passing  ordinance  over  veto .  265  75 

By  board  of  education .  337  96 

To  be  taken  on  ordinance  vacating  street .  355  102 


/ 


* 


j 

% 


ORDINANCES. 


T1 


J 


K  Ordinance  in  relation  to  the  sale  of  intoxicating  liquors. 
e  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

’  Section  1.  That  hereafter  it  shall  be  unlawful  for  any  person* 
\  himself  or  agent  to  sell  intoxicating  or  malt  liquors  in  any  quan- 

within  the  corporate  limits  of  the  City  of  Monmouth,  or  within* 
je-half  mile  of  the  same,  without  having  first  obtained  a  license 
om  the  City  Council  to  keep  a  dram  shop,  or  having  obtained  a 
fug  gists'  permit  to  sell  liquors  for  medicinal,  mechanical  or  sacra- 
ental  purposes;  and  any  person,  who  by  himself  or  agent,  violates 
jy  of  the  provisions  of  this  section,  shall  be  adjudged  guilty  of  a 
disance,  and  on  conviction  thereof  shall  be  fined  not  less  than 
venty-five  dollars  nor  more  than  one  hundred  dollars  for  each  of- 
nse,  and  imprisoned  in  the  city  prison  or  county  jail  of  Warren 
•  inty  until  the  fine  and  costs  are  paid.  Provided ,  that  this  section 
'till  not  apply  to  sales  made  in  the  regular  course  of  business  to 
ensed  keepers  of  dramshops,  or  to  druggists  who  have  obtained  a 
‘legists’  peimit  under  the  ordinances  of  the  city. 
y  "Sec.  2.  The  giving  away  of  intoxicating  or  malt  liquors,  or 
bher  shift  or  device  to  evade  the  provisions  of  this  oidinance,  shall 
%  held  to  be  an  unlawful  selling. 

Passed  April  30,  1883. 

Approved  April  30,  1883.  H.  BURLINGrlM,  Mayor, 

Attest:  I.  T.  Brady,  City  Clerk, 
i 

[ 

- 


2 

\.N  Ordinance  mending  Article  XXXVII  entitled  “Saloons,11  of 
Chapter  XIII,  of  an  Ordinance  entitled  “An  Ordinance  for  re¬ 
vising  and  consolidating  the  several  ordinances  of  the  City  of 
Monmouth.11 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  Article  XXXVII  of  Chapter  XIII  of  an  ordi¬ 
nance  entitled  “An  Ordinance  tor  revising  and  consolidating  the  sev¬ 
eral  ordinances  of  the  City  of  Monmouih,11  be  and  the  same  is  hereby 
amended  as  follows: 

946  to  read,  The  license  fee  shall  be  one  thousand  dollars  for  one 
year,  payable  in  advance. 


2 


ORDINANCES. 


948  to  read  as  follows:  Every  license  so  granted,  unless  sooner 
revoked,  shall  expire  on  the  first  day  of  May  next  thereafter.  It 
shall  be  dated  as  ot  the  day  of  application,  and  no  person  shall  be 
deemed  as  licensed  to  whom  a  license  has  not  been  actually  issued. 

951  to  read,  atter  the  word  “time,”  in  the  second  line,  as  follows: 
“From  the  first  day  of  April  to  the  first  da)*  of  October  in  each  year, 
between  the  hours  of  eleven  o’clock  p.  m.,  sharp,  and  six  o’clock  a. 
m.,  sharp;  and  from  the  first  day  of  October  to  the  first  day  of  April 
in  each  year,  between  the  hours  of  ten  o’clock  p.  m.,  sharp,  and  six 
o’clock  a.  m.,  sharp,  under  a  penalty  of  not  less  than  ten  nor  more 
than  one  hundred  dollars  for  each  offense. 

And  the  Mayor  may,  in  his  discretion,  order  all  such  places 
closed  in  times  of  public  excitement  or  on  election  days  or  national 
holidays,  if  in  his  judgment  the  occasion  demands  it;  and  at  such 
times  it  shall  be  unlawful  for  any  person  to  keep  open  any  such 
place  during  the  continuance  of  such  order,  under  a  penalty  not  ex¬ 
ceeding  one  hundred  dollars  for  each  offense. 

Sec.  2.  All  ordinances  and  parts  of  ordinances  which  in  any 
way  conflict  with  the  provisions  of  this  ordinance,  are  hereby  re¬ 
pealed. 

Passed  May  7th,  1883. 

Approved  May  8th,  1883.  H.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


3 

An  Ordinance  amending  Article  Ill  of  Chapter  A  ll  of  an  Ordi¬ 
nance  entitled  “An  Ordinance  for  revising  and  consolidating  the 
several  Ordinances  of  the  City  of  Monmouth.” 

Be  it  onlainecl  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  '  That  Article  III  of  Chapter  VII  of  an  ordinance 
entitled  “An  Ordinance  for  revising  and  consolidating  the  several  or¬ 
dinances  of  the  City  of  Monmouth"  be  and  th  3  same  is  hereby 
amended  as  follows: 

495  where  the  words  “the  City  Marshal"  occur  in  the  third  line, 
to  read  “the  Mayor.” 

496  to  read  as  follows:  . 

All  police  officers  shall,  when  on  duty,  be  under  the  direction  of 

the  city  marshal,  except  as  the  mayor  may  otherwise  order. 

497  to  read  as  follows: 

At  any  time  when  it  shall  become  necessary  in  order  to  main¬ 
tain  peace  and  good  order  in  the  city  the  mayor  may  appoint  a  suf¬ 
ficient  number  of  extra  policemen,  with  powers  the  same  as  the  regu¬ 
lar  policemen,  and  he  may  discharge  them  from  duty,  whenever  he 
may  see  fit  so  to  do.  The  compensation  of  such  extra  policemen 
shall  be  determined  by  the  council. 

498  to  read  as  follows: 


ORDINANCES. 


3 


The  mayor  may  at  any  time  discharge  from  office  any  policeman 
appointed  by  him, "for  misconduct  or  dereliction  of  duty,  without 
any  formal  trial  or  investigation  or  charges  preferred,  but  shall  in 
all  such  cases  report  his  action  therein  with  his  reasons  therefor  to 
the  council  at  the  next  regular  meeting.  . 

Sec.  2.  All  ordinances  and  parts  of  ordinances  which  m  any 
way  conflict  with  the  provisions  ot  this  ordinance  are  hereby  re¬ 


pealed.  •  . 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force  from 


and  after  its  passage. 

Passed  May  8,  1883. 

Approved  May  8,  1883. 

Attest:  I.  T.  Brady, City  Clerk. 


H.  BURLING  IM,  Mayor. 


4 

An  Ordinance  to  amend  Paragraph  91-1  of  an  ordinance  entitled 
“An  Ordinance  for  revising  and  consolidating  the  several  ordi¬ 
nances  of  the  City  of  Monmouth. 

Be  it  ordained  by  the  City  Council  ot  the  City  of  Monmouth: 

Section  1.  That  paragraph  914  of  an  ordinance  entitled  ‘An 
Ordinance  for  revising  and  consolidating  the  several  ordinances  of 
the  City  of  Monmouth/’ be  and  the  same  is  hereby  amended  as  fol¬ 
lows:  Where  the  word  “three”  occurs  in  the  third  line  to  read  “one. 
Passed  June  4,  1883. 

Approved  June  4,  1883.  B.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


5 

An  Ordinance  amending  Paragraph  797,  Article  XXIV,  Chapter 
XIII,  of  an  ordinance  entitled  “An  Ordinance  for  revising  and 
consolidating  the  several  ordinances  of  the  City  of  Monmouth/’ 
Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth,  as  fol¬ 
lows: 

Section  1.  That  Paragraph  797,  Article  XXIV,  Chapter  XIII, 
of  an  ordinance  entitled  “An  Ordinance  for  revising  and  consolidat¬ 
ing  the  several  ordinances  of  the  City  of  Monmouth,”  be  and  the 
same  is  hereby  amended  as  follows:  Substitute  for  the  words  “table 
twenty  dollars,”  in  the  third  line,  the  following,  “room  one  hundred 
dollars;”  and  for  the  word  “fifteen”  in  the  fourth  line,  the  word  “six¬ 
ty;”  and  for  the  words  “bagatelle  table,”  and  “billiard  table,”  sub¬ 
stitute  respectively  “bagatelle  room”  and  “billiard  room.” 

Passed  June  7, 1883. 

Approved  June  8.  1883.  H.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


4 


ORDINANCES. 


6 

An  Ordinance  in  regard  to  fire  bells. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  hereafter  it  shall  be  unlawful  for  any  person 
or  persons  to  ring  or  cause  to  be  rung  any  fire  bell  belonging  to  the 
city,  except  in  the  case  of  an  alarm  of  fire,  under  a  penalty  of  not 
less  than  two  dollars  nor  more  than  ten  dollars  for  each  offense. 
Provided ,  however,  that  this  ordinance  shall  not  be  construed  to  pre¬ 
vent  the  tolling  of  any  such  bell  upon  proper  occasion  to  be  deter¬ 
mined  by  the  fire  marshal  or  the  mayor  of  said  city. 

Passed  June  7,  1883. 

Approved  June  7.  1883.  H.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


7 

An  Ordinance  to  amend  an  ordinance  entitled  ‘‘An  Ordinance  for 
revising  and  consolidating  the  several  ordinances  of  the  City  of 
Monmouth. v 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth,  as  fol¬ 
lows: 

Section  1.  That  an  ordinance  entitled  “An  Ordinance  for  re¬ 
vising  and  consolidating  the  several  ordinances  of  the  City  of  Mon¬ 
mouth,”  be  and  the  same  is  hereby  amended,  as  follows: 

In  place  of  paragraph  577,  substitute  the  following: 

1st.  It  shall  be  the  duty  of  the  sexton  to  give  his  entire  time  to 
the  city  in  keeping  the  cemetery  grounds  in  good  order;  keeping  the 
grass  mowed  as  often  as  needed,  and  all  rubbish  and  dirt  cleaned  up 
and  off  said  grounds. 

The  sexton  shall,  when  it  becomes  necessary,  in  order  to  keep 
the  grounds  in  good  order,  be  authorized  to  hire  such  extra  help  as 
is  needed,  at  such  wages  as  the  City  Council  may  authorize. 

2d.  The  sexton  shall,  when  it  becomes  necessary,  in  order  to 
keep  the  grounds  in  good  order,  be  authorized  to  hire  such  extra 
help  as  is  needed,  at  such  wages  as  the  City  Council  mav  authorize. 

3d.  The  sexton  shall  have  the  power  to  contract  for  the  im¬ 
provement  of  lots  in  the  cemetery  grounds,  either  by  the  job  or  by 
the  actual  time  spent  at  such  prices  as  will  pay  the  city  for  the  time 
spent. 

4th.  The  sexton  shall  be  required  to  keep  a  record  of  all  work 
done  for  owners  of  lots  and  the  amount  received  therefor,  and  to  turn 
over  all  moneys  received  by  him  to  the  city  treasurer,  and  to  render 
a  monthly  report  of  said  work  to  the  City  Council. 

5th.  He  shall  receive  for  such  service,  the  sum  of  $500  per  year, 
with  the  use  of  house  in  which  he  lives,  and  all  of  the  grass  off  of  the 


ORDINANCES. 


5 


grounds,  he  to  furnish  a  horse  for  use  on  grounds,  the  city  to  furnish 
cart  and  harness.  His  salary  to  be  paid  monthly. 

Sec.  2.  Paragraph  606  of  said  ordinance,  Article  I  LI,  Lhaptei 

XIII,  is  hereby  repealed. 

Sec.  3.  This  ordinance  shall  be  enforced  from  and  after  its  pas¬ 


sage. 

Passed  June  7,  1883- 
Approved  June  7,  1883. 

Attest:  I.  T.  Brady,  City  Clerk. 


H.  BURLINGrlM,  Mayor. 


8 

An  Ordinance  to  repeal  an  ordinance  entitled  1  An  ordinance  for 
the  vacation  of  portions  of  certain  streets  in  the  City  of  Mon- 

outh  11 

Be  ttordatned  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  an  ordinance  passed  December  14th,  1882,  ap¬ 
proved  December  5th,  1882,  whereby  that  portion  of  Lancaster  street 
from  the  north  side  of  Depot  street  to  the  main  line  of  the  C.,  .  r  bb 

R.  R.,  and  Warsaw  street  from  the  north  side  of  Depot  street  to  a 
point  twenty  (20)  feet  north,  were  conditionally  discontinued  and 
vacated,”  be  and  the  same  is  hereby  repealed,  and  said  parts  of  said 
streets  are  hereby  declared  public  streets  to  all  intents  and  purposes, 
the  same  as  though  such  ordinance  had  never  been  passed. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from 

and  after  its  passage. 

Passed  August  6th,  1883.  mrnrTVmur  T\T 

Approved  August  6th,  1883.  H.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


9 

An  Ordinance  iu  relation  to  the  grade  of  Depot  and  Eagle  sheets, 
and  to  require  the  Central  Iowa  railroad  to  conform  tracks  to  said 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  '  That  the  grade  of  Depot  street  shall  be  as  follows 
to-wit:  Commencing  with  its  intersection  at  Greenbush  street,  on  a 
level  with  the  track  of  the  Central  Iowa  railroad  track,  where  the 
same  crosses  said  street,  continuing  thence  west  on  said  Depot  street, 
to  where  the  same  intersects  South  Main  street,  on  a  uniform  grade 
to  the  height  of  the  main  track  of  the  Central  Iowa  railway,  as  now 

located  across  said  South  Main  street. 

Sec  2.  The  grade  of  Eagle  street  shall  be  as  follows.  Com¬ 
mencing  at  the  east  end  ot  said  street,  at  the  intersection  ot  West 


6 


ORDINANCES. 


avenue,  on  a  level  with  the  track  of  the  Central  Iowa  railway,  as  the- 
same  is  located  where  it  crosses  Elm  street,  thence  west  on  a  level 
with  the  top  of  the  track  of  said  railway,  to  the  west  line  ot  said  city, 
on  a  uniform  grade,  as  said  track  is  fixed  by  the  grade  of  said  rail¬ 
way. 

Sec.  3.  That  the  said  Central  Iowa  railway  shall,  where  its 
main  track,  or  any  of  its  side  tracks  or  switches  run  lengthwise  in 
either  ot  said  streets,  place  and  hereafter  keep  the  same  on  a  level  with 
the  surface  of  said  streets  as  fixed  by  this  ordinance,  so  that  such 
tracks  may  be  crossed  at  any  place  on  said  streets,  and  that  said  rail¬ 
way  corporation  proceed  without  delay  to  restore  both  of  said 
streets  to  their  former  condition,  so  as  not  unnecessarily  to  impair 
their  usefulness  as  public  streets  or  highways. 

Sec.  d.  Neglect  or  refusal  on  the  part  of  said  corporation  to- 
comply  with  section  three  of  this  ordinance,  for  a  period  of  twenty 
days  after  this  ordinance  takes  effect,  shall  subject  the  offender  to  a 
fine  of  not  less  than  fifty  dollars  nor  more  than  two  hundred  dollars,, 
to  be  recovered  in  any  court  of  competent  jurisdiction,  and  each  and 
every  ten  days  said  corporation  shall  neglect  or  refuse  to  comply  with 
the  requirements  of  said  section,  shall  constitute  a  new  and  distinct 
offense. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Passed  August  6th,  1883. 

Approved  August  6th,  1883.  H.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


10 

An  Ordinance  in  relation  to  Dogs,  and  to  prevent  the  spread  of 
hydrophobia. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  In  order  to  protect  the  people  of  the  City  of  Mon¬ 
mouth  from  mad  dogs,  and  prevent  the  spread  of  hydrophobia,  the 
Mayor  may,  at  any  time,  when  in  his  opinion  the  public  safety  re¬ 
quires  it,  prohibit  all  dogs  from  running  at  large  within  the  limits  ot 
said  city,  unless  securely  muzzled;  and  may  direct  the  city  marshal 
after  notice  as  hereinafter  provided,  to  kill  or  cause  to  be  killed  on 
sight,  any  dog  found  loose  or  at  large  in  said  city,  not  so  muzzled. 

Sec.  2.  Notices  of  such  prohibition  shall  be  made  by  posting 
notices  signed  by  the  Mayor,  in  at  least  six  of  the  most  public  places 
in  said  city,  or  publishing  the  same  in  a  newspaper  published  in  said 
city,  which  prohibition  shall  continue  for  such  time  as  the  mayor 
shall  direct  in  said  notices,  not  exceeding  sixty  days  at  any  one  time; 


ORDINANCES. 


r 


during  which  time  it  shall  be  lawful  for  the  City  Marshal  or  any 
Doliceman  of  said  city  or  other  person  when  directed  by  the  City 
Marshal  to  kill  any  dog  so  running  loose  or  at  large  within  the  lim¬ 
its  of  said  city,  in  any  street,  lane,  avenue,  alley  or  park  or  other  pub¬ 
lic  place. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force  from 
nnd  after  its  passage. 

Passed  August  6th,  1883. 

Approved  August  6th,  1883.  H.  BURLINGIN,  Mayor. 

Attest:  1.  T.  Brady,  City  Clerk. 


11 

An  Ordinance  in  relation  to  the  crossings  of  street  railways  running 

into  and  through  the  City  of  Monmouth. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  all  railways  that  now  or  may  hereafter  run 
into  or  through  said  city,  where  the  same  crosses  any  of  the 
streets  of  said  city,  the  company  owing  or  operating  the  same  shall 
grade  the  approach  of  each  and  every  street  on  both  sides  of  the  same 
forty  feet  wide,  and  so  that  said  approaches  shall  not  rise  or  fall  more 
than  one  foot  in  eighteen  in  coming  to  or  going  from  the  track  or 
tracks  of  any  such  railway;  Provided,  that  the  grade  on  the  north 
side  of  the  Chicago,  Burlington  and  Quincy  railroad  track  on  the 
south  end  of  Water  street,  and  the  grades  on  both  sides  of  the  track 
of  the  Central  Iowa  railway  where  the  same  crosses  Warsaw  street, 
may  be  as  much  as  one  foot  up  to  twelve  feet  out. 

Sec.  2.  Said  railroads  shall  place  and  keep  in  good  repair  at  all 
such  street  crossings,  between  the  rails  of  their  respective  tracks  and 
on  the  outside  of  all  such  rails,  good  and  substantial  planks  or  other 
material,  at  least  thirty -two  feet  wide,  the  top  of  which  shall  be  not 
more  than  one  inch  below  the  top  of  the  rails  of  said  tracks  to  enable 
wheel  carriages  drawn  by  animals,  to  cross  said  tracks  with  safety 
and  despatch. 

Sec.  3.  W here  any  such  railroad  track  or  tracks  crosses  any 
street  within  the  limits  of  said  city  above  the  grade  of  such  street, 
the  company  owning  or  operating  such  road,  shall  place  good  and 
substantial  culverts  or  sewers  under  the  same  and  keep  the  same  in 
repair,  and  make  the  same  conform  to  the  grade  of  any  drain  or  sew¬ 
er  along  said  street  as  the  same  may  be  established  at  any  time  by  . 
the  city  engineer  of  said  city. 

Sec*  4-  Any  railroad  corporation  which  shall  neglect  or  refuse 
to  comply  with  any  of  the  foregoing  provisions  of  this  ordinance  for 
a  period  of  ten  days  after  notice  in  writing  requiring  said  corporation 
to  make  or  repair  any  grade,  crossing,  drain  or  sewer,  shall  be  fined 


8 


ORDINANCES. 


in  any  sum  not  less  than  twenty-five  nor  more  than  two  hundred 
dollars,  to  be  recovered  in  any  court  of  competent  jurisdiction. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Passed  August  6th,  1883. 

Approved  August  6th,  1883.  H.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


12 

An  Ordinance  in  regard  to  the  fire  limits  of  the  City  of  Monmouth. 
Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  Hereafter  only  the  following  blocks  shall  be  included 
within  the  fire  limits  of  said  city,  and  subject  to  the  provisions  of  Ar¬ 
ticle  XIII,  of  the  revised  ordinances  of  said  city,  to-wit:  All  of  blocks 
six  (6),  seven  (7),  ten  (10),  eleven  (11),  twelve  (12),  nineteen  (19), 
twenty  (20),  twenty-one  (21),  twenty-four  (24),  and  twenty-five  (25),  of 
the  original  plat  of  the  Town  of  Monmouth  shall  be  known  as  the 
fire  limits. 

Sec.  2.  All  ordinances  and  parts  of  ordinances  in  conflict  with 
this  ordinance  are  hereby  repealed. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  August  13,  1883. 

Approved  August  13,  1883.  H.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


13 

An  Ordinance  in  relation  to  the  time  of  closing  certain  places  of 
amusements. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  hereafter  it  shall  not  be  lawful  for  the  keeper 
or  keepers  of  any  billiard  room,  shooting  gallery  or  bowling  alley,  or 
places  where  any  games  of  billiards  or  bowls  or  target  shooting  is 
carried  on  in  the  City  of  Monmouth,  to  keep  such  place  open  after 
the  hour  of  11  o’clock  p.  m.,  sharp;  and  it  shall  not  be  lawful  for 
such  keeper  or  keepers  to  open  any  such  place  for  custom  at  an  hour 
earlier  than  7  a.  m. 

,  Sec.  2.  All  ordinances  or  parts  thereof  which  in  any  way  conflicted 
with  the  provisions  of  this  ordinance  are  hereby  repealed. 

Passed  November  15,  1883. 

Approved  November  15,  1883.  H.  BURLINGIM,  Mayor. 
Attest:  I.  T.  Brady,  City  Clerk. 

Per  E.  J.  Clarke,  Deputy. 


ORDINANCES. 


9 


14 

An  Ordinance  in  relation  to  bowling  alleys  and  the  granting  of 
licenses  therefor. 

Be  it  ordained  by  the  City  Council  of' the  City  of  Monmouth: 

Section  1.  That  the  license  fee  for  keeping  a  bowling  alley  in 
said  city,  shall  be  two  hundred  dollars  per  annum  in  advance,  and  at 
the  same  rate  for  any  shorter  period;  provided  that  no  license  shall 
issue  for  a  shorter  period  than  six  months,  unless  the  time  to  the  end 
of  the  municipal  year  be  less  than  six  months. 

Sec.  2.  All  ordinances  or  parts  thereof  which  in  any  manner 
conflict  with  the  provisions  of  this  ordinance  are  hereby  repealed. 
Passed  November  15,  1883. 

Approved  November  15,  1883.  H.  BURLINGIM,  Mayor. 
Attest:  I.  T.  Brady,  City  Clerk. 

Per  E.  J.  Clarke,  Deputy. 


15 

An  Ordinance  in  relation  to  the  crossings  of  streets  by  steam  rail¬ 
ways  running  into  and  through  the  City  of  Monmouth. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  all  railways  that  now  or  may  hereafter  run  into 
or  through  said  city,  where  the  same  cross  any  of  the  streets  of  said 
city,  the  company  owning  or  operating  the  same  shall  grade  the  ap¬ 
proach  of  each  and  every  street  on  both  sides  of  the  same  forty  feet 
wide,  and  so  that  said  approaches  shall  not  raise  or  fall  more  than  one 
foot  in  eighteen  in  coming  to  or  going  from  the  track  or  tracks  of 
any  such  railway;  Provided,  that  the  grade  on  the  north  side  of  the 
Chicago,  Burlington  and  Quincy  railroad  track  on  the  south  end  of 
Water  street,  and  the  grades  on  both  sides  of  the  track  of  the  Central 
Iowa  railroad,  where  the  same  crosses  Warsaw  street,  may  be  as  much 
as  one  foot  up  to  twelve  feet  out. 

Sec.  2.  Said  railroad  shall  plaeelmd  keep  in  good  repair  at  all 
such  street  crossings,  between  the  rails  of  their  respective  tracks 
and  on  the  outside  of  all  such  rails  good  and  substantial  planks  or 
other  material,  at  least  thirty-two  feet  wide,  the  top  of  which  shall 
be  not  more  than  one  inch  below  the  top  of  the  rails  of  said  tracks  to 
enable  wheel  carriages  drawn  by  animals,  to  cross  said  tracks  with 
safety  and  despatch. 

Sec.  3.  Where  any  such  railroad  track  or  tracks  crosses  any 
streets  within  the  limits  of  said  city  above  the  grade  of  said  street,  the 
company  owning  or  operating  such  road,  shall  place  good  and  substan¬ 
tial  culverts  or  sewers  under  the  same  and  keep  the  same  in  repair, 
and  make  the  same  conform  to  the  grade  of  any  drain  or  sewer 
along  said  street  as  the  same  may  be  established  at  any  time  by  the 
city  engineer  of  said  city. 


10 


ORDINANCES. 


Sec.  4.  Any  railroad  corporation  which  shall  neglect  or  refuse 
to  comply  with  any  oi  the  foregoing  provisions  of  this  ordinance  for 
a  period  of  ten  days  after  a  notice  in  writing  requiring  said  corpora¬ 
tion  to  make  or  repair  any  grade,  crossing,  drain  or  sewer,  shall  be 
fined  in  any  sum  not  less  than  twenty-five,  nor  more  than  two  hun¬ 
dred  dollars,  to  be  recovered  in  any  court  of  competent  jurisdiction. 

Sec.  5.  This  ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Passed  September  20.  1883. 

Approved  September  20,1883.  J.  W.  S1PHER,  Mayor  protein. 

Attest:  I.  T.  Brady,  City  Clerk. 


16 


An  Ordinance  in  regard  to  roller  skaking  rinks  and  licenses  there¬ 
for. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  hereafter  it  shall  not  be  lawful  for  any  person 
or  persons  to  keep,  operate  or  maintain  any  roller  skating  rink  or 
rroom,  hall,  or  other  place  where  roller  skates  are  used  and  let  for 
Ihire  or  gain  in  said  city  without  having  first  obtained  a  license  so  to 
Mo  as  hereinafter  provided. 

Sec.  2.  Any  person  or  persons  may  take  out  a  license  to  keep 
■operate  and  maintain  a  roller  skating  rink  in  said  city  upon  applica¬ 
tion  to  the  mayor  and  clerk  of  said  city,  and  upon  presenting  to  said 
♦clerk  a  duplicate  receipt  for  the  license  fee  as  hereinafter  provided, 
signed  by  the  city  treasurer.  * 

Sec.  3.  The  city  clerk  shall  issue  licenses  in  accordance  with 
the  provisions  of  this  ordinance  to  such  persons  as  the  mayor  shall 
order,  upon  presentation  of  the  proper  receipt  from  the  city  treasur¬ 
er  for  the  amount  of  the  license  fee. 

Sec.  4.  The  license  fee  for  roller  skating  rinks  shall  be  as  fol¬ 
lows:  For  one  year,  one  hundred  dollars;  and  at  the  same  rate  quar¬ 
terly;  for  one  month  ten  dollars,  payable  in  advance. 

Sec.  5.  Any  person  or  persons  violating  any  of  the  provisions 
of  this  ordinance  shall  be  liable  to  a  fine  not  exceeding  two  hundred 
dollars. 

Adopted  December  6,  1SS3. 

Approved  December  7,  1883.  H.  BURLINGIM,  Mayor. 

Attest:  1.  T.  Brady,  City  Clerk. 


ORDINANCES. 


11 


17 

An  Ordinance  in  relation  to  the  means  of  exit  from  public  halls. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  Every  public  hall  in  said  city  with  accommodations 
for  from  five  to  seven  hundred  persons  shall  have  at  least  two  separ¬ 
ate  and  distinct  exits  to  be  constructed  as  far  apart  as  practicable. 

Public  halls  accommodating  seven  hundred  or  more  persons 
shall  have  at  least  three  separate  and  distinct  exits,  and  the  exits  from 
all  galleries  shall  be  independent  of,  and  separate  from  the  exits  of 
the  main  door. 

Sec.  2.  All  egress  openings  in  public  halls  shall  have  the  word 
“exit”  conspiciously  placed  over  them.  While  such  halls  are  in  use 
the  aisles  and  passage  ways  therein  shall  be  kept  clear  and  unob¬ 
structive. 

Sec.  3.  The  egress  openings  and  stairways  of  all  public  halls 
with  accommodations  for  from  five  to  seven  hundred  persons  shall  bo 
from  four  to  six  feet  in  width,  and  in  all  public  halls  with  accommo¬ 
dations  for  seven  hundred  persons  or  more,  such  openings  and  stair¬ 
ways  shall  be  from  six  to  eight  feet  in  width;  and  each  stairway  and 
passage  way  shall  have  a  strong  hand  rail  constructed  on  each  side- 
thereof  throughout  the  entire  length. 

Sec.  4.  Every  theatre,  opera  house,  hall,  church,  school  house 
or  other  building  in  the  City  of  Monmouth  used  for  public  assem¬ 
blages,  in  which  the  principal  or  main  entrance  shall  be  through  a 
hall  or  passage  way  or  vestibule  over  ten  feet  in  length,  or  up  or 
down  stairways,  or  both  shall  be  deemed  a  public  hall  within  tha- 
meaning  of  this  ordinance. 

Sec.  5.  it  shall  be  the  duty  of  the  fire  marshal  to  cause  a  care¬ 
ful  inspection  of  all  public  halls  in  the  Citv  of  Monmouth  fromtime 
to  time  as  the  same  may  become  necessary,  and  to  see  that  the  pro¬ 
visions  of  this  ordinance  are  enforced.  The  City  Council  shall  al¬ 
low  the  fire  marshal  proper  compensation  for  such  services. 

Sec.  6.  Any  owner,  agent,  lessee,  or  occupant  of  any  public 
hall  in  the  City  of  Monmouth,  who  shall  neglect  or  refuse  to  comply 
with  any  of  the  provisions  of  this  ordinance  shall  be  liable  to  a  pen¬ 
alty  not  exceeding  two  hundred  dollars  nor  less  than  twenty-five  dol¬ 
lars  for  each  and  every  offense. 

Sec.  7.  All  owners,  agents,  lessees,  and  occupants  of  public 
halls  in  said  city,  shall  be  allowed  until  May  1,  1884,  to  make  the 
changes  necessary  to  comply  with  the  provisions  of  this  ordinance. 

Passed  Feb.  16,  1884. 

Approved  Feb.  26.  1884.  H.  BURL1NGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


12 


ORDINANCES. 


18 

An  Ordinance  in  regard  to  fees  tor  removal  and  reinterment  of  bod¬ 
ies  within  the  cemetery. 

*/ 

Be  it  onlainecl  by  the  City  Council  of  the  City  of  Monmouth,  as  fol¬ 
lows: 

Section  1.  The  fees  for  the  removal  and  reinterment  of  the  re¬ 
mains  of  any  person  from  one  place  to  another  within  the  cemetery, 
when  the  remains  are  those  of  a  child  of  nine  years  of  under,  four 
dollars;  when  the  remains  are  those  of  a  person  older  than  nine 
years,  six  dollars. 

Sec.  2.  All  ordinances  and  parts  of  ordinances  which  in  any  man¬ 
ner  conflict  with  the  provisions  of  this  ordinance,  are  hereby  re¬ 
pealed. 

Passed  April  28,  1881. 

Approved  April  28,  1881.  H.  BURIJNGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


19 

An  Ordinance  to  prevent  intoxication  and  disorderly  conduct. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  Any  person  or  persons  who  shall  drink  any  intoxi¬ 
cating,  malt,  vinous,  mixed  or  fermented  liquors,  on  any  public  street 
or  other  public  place  in  said  city,  or  in  public  view  in  said  city,  or 
in  any  alley,  shed,  barn,  out  building,  hall,  room,  stable,  yard,  or 
other  private  place  in  said  city,  without  the  consent  of  the  owner 
and  of  the  authorized  occupant  thereof,  shall  be  liable  to  a  penalty 
of  five  dollars  for  each  offense. 

Sec.  2.  Any  owner,  lessee,  occupant  or  agent  of  such  owner, 
lessee,  or  occupant,  who  shall  give  consent  to  any  person  or  persons 
to  drink  any  intoxicating,  malt,  vinous,  mixed  or  fermented  liquors 
in  any  alley,  shed,  barn,  outbuilding,  hall,  room,  stable  yard,  or  other 
private  place  in  said  city,  shall  be  liable  to  a  penalty  of  five  dollars 
for  each  offense. 

Sec.  3.  No  person  shall,  by  himself,  agfent  or  servant,  solicit,  ask 
or  take  any  order  from  any  person  or  persons  within  said  city,  for  the 
sale  or  delivery  of  any  intoxicating,  malt,  vinous,  mixed  or  ferment¬ 
ed  liquors;  nor  shall  any  person,  or  corporation  by  agent  or  servant, 
or  otherwise,  deliver  any  intoxicating,  malt,  vinous,  mixed,  or  fer¬ 
mented  liquors,  in  any  quantity  to  any  person  or  persons  within  said 
city;  and  any  such  person  or  persons,  or  corporation,  or  agent  or  ser¬ 
vant,  shall  be  liable  to  a  penalty  of  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars  for  any  violation  of  this  section 
ot  this  ordinance;  Provided,  this  section  shall  not  apply  to  orders 


ORDINANCES. 


13 


taken  from  druggists  who  have  druggists’  permits  under  the  ordin¬ 
ances  of  the  city,  or  deliveries  made  by  them  under  the  ordinances  of 
the  city. 

Passed  May  5,  1884. 

Approved  May  6,  1884.  H.  BURLINGTM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


20 

An  Ordinance  in  relation  to  the  bowling  alleys  and  the  granting  of 
licences  therefor. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  the  license  fee  for  keeping  a  bowling  alley  in 
said  city,  shall  be  fifty-two  dollars  per  annum  in  advance,  and  at  the 
same  rate  for  any  shorter  period;  provided  that  no  license  shall  issue 
for  a  shorter  period  than  six  months,  unless  the  time  to  the  end  of 
the  municipal  year  be  less  than  six  months. 

Sec.  2.  All  ordinances  or  parts  thereof  which  in  any  manner 
conflict  with  the  provisions  of  this  ordinance  are  hereby  repealed. 
Passed  May  12,  1884. 

Approved  May  12,  1884.  H.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 

<  4/ 


21 

An  Ordinance  to  amend  an  ordinance  entitled,  “An  ordinance  in  re¬ 
gard  to  roller  skating  rinks  and  licenses  thereof.'” 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

That  the  license  fee  for  roller  skating  rinks  shall  be  as  follows: 
At  the  rate  of  five  dollars  per  month  in  advance. 

Passed  July  7.  1884. 

Approved  July  7, 1884.  H.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


22 

An  Ordinance  to  license  brokers  and  boards  of  trade. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

That  no  person  or  persons  shall  engage  in  the  business  of  a 
broker,  or  coin  mi  sion  merchant,  whose  business  it  shall  be  to  buy 
and  sell  grain,  meats,  lard,  or  live  stock,  bonds,  stock,  or  other  prop¬ 
erty  or  securities,  or  shall  be  engaged  in  buying  or  selling  deals, 
options,  futures,  puts,  calls  of  any  kind,  or  in  any  way  be  engaged 
in  carrying  on,  keeping,  or  doing  the  business  of  a  board  of  trade, 


14 


ORDINANCES. 


bucket  shop,  or  junket  shop  without  first  having  obtained  a  license- 
so  to  do  from  said  city. 

That  such  license  shall  be  at  the  rate  of  one  hundred  dollars  per 
month  payable  monthly  in  advance  on  the  first  day  ol  each  month. 
And  any  person  guilty  of  a  violation  of  this  ordinance  shall  be  lia¬ 
ble  for  each  offense,  to  a  fine  of  two  hundred  dollars. 

PpQQPrl  A  n o*hq+  4-  1  fiS-t 

Approved  August  4,  1884.  H.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


22  1-2 

An  Ordinance  to  amend  No.  631  of  the  municipal  code  of  Mon¬ 
mouth. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

That  No.  631  of  the  municipal  code  of  Monmouth  be  amended  to 
read  as  follows: 

631.  The  mayor  is  hereby  authorized  to  license  under  his  hand, 
attested  by  the  clerk  and  seal  of  the  city,  any  and  only  persons  being 
bona  fide  residents  of  the  City  of  Monmouth,  having  a  permanent 
abode  herein  and  being  the  owner  of  any  or  either  of  said  vehicles  to 
keep  for  hire  and  conveyance  of  persons;  Provided ,  that  such  resi¬ 
dent  owners  keep  the  price  for  carrying  passengers  to  points  within 
or  without  the  city  limits  down  to  the  price  of  ten,  fifteen  and 
twenty-five  cents  for  each  passenger;  and  that  such  resident  owners 
promptly  and  effectually  do  all  the  business  required  for  the  proper 
accommodation  of  the  public;  Provided  further,  in  case  of  failure  of 
such  resident  owners  to  fulfill  the  requirements  of  the  proviso,  then 
the  mayor  shall  license  any  such  other  persons  and  carriages  as  he 
shall  deem  proper. 

Passed  August  4,  1884. 

Approved  August  4,  1884.  H.  BURLINGIM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


23 

An  Ordinance  in  relation  to  disorderly  houses. 

Be  it  ordainedhy  the  City  Council  of  the  City  of  Monmouth: 

Sec.  1.  That  hereafter  it  shall  be  unlawful  for  any  person  to  be 
the  owner,  keeper,  occupant  or  tenant  of  a  disorderly  house  within 
the  limits  of  the  City  of  Monmouth,  or  within  three  miles  of  the  out¬ 
er  boundaries  thereof,  under  a  penalty  not  exceeding  two  hundred 
dollars  for  each  offense. 

Passed  September  15,  1884. 

Approved  September  20,  1884.  H.  BURLINGIM,  Mayor, 
Attest:  I.  T.  Brady,  City  Clerk. 


ORDINANCES. 


15 


24 

An  Ordinance  fixing  the  salary  of  certain  officers  herein  named  for 
the  two  years  following  the  annual  election,  the  third  Tuesday 
of  April,  1885. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

That  the  salary  of  the  several  officers  herein  after  named  for  the 
two  years  following  the  annual  election  to  be  held  on  the  third  Tues¬ 
day  of  April,  1885,  as  follows: 

Mayor  two  hundred  dollars  ($200)  per  year;  city  clerk  four 
hundred  dollars  ($400)  per  year;  city  attorney  three  hundred  ($300) 
per  year;  city  treasurer  two  hundred  ($200)  per  year;  city  marshal 
six  hundred  dollars  (600)  per  year;  city  superintendent  of  streets  five 
hundred  dollars  ($500)  per  year. 

That  this  ordinance  shall  go  into  operation  from  and  after  April 
20,  1885,  and  apply  to  the  officers  elected  at  the  annual  election  to  be 
held  April  21,  1885. 

All  ordinances  in  conflict  with  this  ordinance  are  hereby  re¬ 
pealed 

Passed  March  2,  1885. 

Approved  March  2,  1885.  H.  BURLINGTM,  Mayor. 

Attest:  I.  T.  Brady,  City  Clerk. 


25 

An  Ordinance  to  amend  section  874  of  an  ordinance  for  revising 
and  consolidating  several  ordinances  of  the  City  of  Monmouth. 
Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

That  section  874,  of  article  30,  be  amended  by  striking  out  the 
•word  “inclosed’'  in  the  second  line  of  said  section. 

Passed  June  10,  1885. 

Approved  June  10,  1885  W.  B.  \OUNG,  Mayor. 

Attest:  E  J.  Clarke,  City  Clerk. 


26 

An  Ordinance  in  relation  to  the  public  parks  in  the  City  of  Mon¬ 
mouth  and  to  protect  the  same. 

Be  it  ordained  by  the  Citv  Council  of  the  City  of  Monmouth: 

Section  1.  *"  It  shall  hereafter  be  unlawful  for  any  person  or  per¬ 
sons  to  ride  or  drive  in  or  through  any  of  the  public  parks  in  the  City 
of  Monmouth. 

Sec.  2.  It  shall  hereafter  be  unlawful  for  any  person  to  hitch 
any  animal  to,  or  to  climb  into  or  get  upon  or  in  any  manner  injure 
any  of  the  trees  or  shrubs  growing  in  and  about  the  public  parks,  in 
the  City  of  Monmouth. 


16 


ORDINANCES. 


Sec.  3.  Any  person  guilty  of  a  violation  of  any  of  the  provis¬ 
ions  of  this  ordinance,  shall  be  liable  to  a  penalty  of  five  dollars  for 
each  offense. 

Passed  June  10,  1885. 

Approved  June  11,  1885.  W.  B.  YOUNG,  Mayor. 

Attest:  E.  J.  Clarke,  City  Clerk. 


27 

An  Ordinance  in  relation  to  privies  and  water  closets  introducing 

the  dry  earth  system. 

Be  it  ordained  by  the  City  Council  of  the  City’  of  Monmouth: 

Sec.  1.  That  the  dry  earth  system  of  privies  and  water  closets 
he  adopted  throughout  the  entire  limits  of  the  city  of  Monmouth,  m 
the  following  manner: 

First.  That  all  privies  and  water  closets  now  existing  within 
the  fire  limits  of  the  City  of  Monmouth,  shall  be  reconstructed  upon 
the  plan  known  as  the  “Dry  Earth  System,”  within  thirty  days  after 
passage  of  this  ordinance. 

Second.  That  all  new  privies  or  water  closets  hereafter  built  or 
reconstructed  within  the  entire  limits  of  the  City  of  Monmouth  shall 
be  constructed  upon  the  “Dry  Earth  System.” 

Third.  All  privies  that  shall  be  condemned  hereafter  by  the 
Board  of  Health,  that  are  outside  of  the  fire  limits  for  not  being  in 
compliance  with  Article  XVIII,  numbers  744  and  747,  pages  181  and 
182  of  the  municipal  code  of  Monmouth,  shall  be  reconstructed  upon 
the  “Dry  Earth  System,”  whenever  notice  shall  be  given  by  the 
health  officer. 

Sec.  2.  That  the  Board  of  Health  shall  attend  to  the  execution 
of  this  ordinance  and  see  that  its  provisions  are  carried  into  opera¬ 
tion.  It  shall  be  the  duty  of  the  health  officer  of  the  city,  under  the 
direction  of  the  Board  of  Health,  by  the  first  day  of  July,  A.  D., 
1885,  to  propose  and  publish  proper  and  suitable  plans  and  specifica¬ 
tions  for  the  construction  of  privies  and  water  closets  of  the  proper 
size,  class,  or  grade,  upon  the  dry  earth  system,  together  with  print¬ 
ed  rules  and  directions  for  the  use,  keeping  and  cleansing  such  priv¬ 
ies  and  water  closets,  and  shall  furnish  printed  copies  of  such  plans 
and  rules  to  any  person  on  request. 

Sec.  3.  In  making  such  plans  and  specifications  and  rules  and 
regulations,  the  Board  of  Health  shall  classify  such  privies  and  water 
closets  as  may  be  required  to  adapt  the  same  to  the  several  kinds  and 
classes  of  buildings  in  the  city  and  prescribe  suitable  rules  and  reg¬ 
ulations  for  their  proper  care,  keeping  and  cleansing. 

Sec.  4.  That  each  and  every  dwelling  house,  tenement  house, 
store  house,  and  other  private  buildings,  and  each  public  building  in 
the  city  limits,  shall  be  furnished  by  the  proper  owner,  occupant,  or 


ORDINANCES. 


17 


person  or  officer  in  charge,  vvitli  suitable  privies  and  water  closets, 
which  shall  be  constructed  or  changed  according  to  the  plans  and 
specifications  furnished  by  the  health  officer  and  kept  according  to 
the  rules  and  regulations  prescribed  by  the  Board  of  Health;  that 
all  privies  and  water  closets  shall  be  not  less  than  two  feet  from  any 
adjoining  lot,  and  shall  be  at  least  five  feet  from  every  stieet,  lane, 
alley,  square,  court,  or  avenue. 

'  Sec.  5.  That  every  person  refusing  or  neglecting  to  comply 
with  any  of  the  provisions  of  this  ordinance,  or  with  any  of  the  rules 
or  regulations  of  the  Board  of  Health,  made  pursuant  to  this  ordi¬ 
nance,  shall  be  fined  not  less  than  three  dollars  nor  more  than  one 
hundred  dollars  for  each  and  every  offense. 

Passed  June  10, 1885. 

Approved  June  11,  1885.  '  W.  B.  YOUNG,  Mayor. 

Attest:  E.  J.  Clarke,  City  Clerk. 


28 

An  Ordinance  in  relation  to  animals  being  tied  out  to  graze  upon 
the  streets,  allejTs  and  public  places  of  the  City  of  Monmouth, 

Be  it  ordained  by  the  City  Council  ot  the  City  of  Monmouth; 

Section  1.  "  That  hereafter  it  shall  be  unlawful  for  any  person 
to  tie  out  to  graze  upon  or  along  any  street,  alley  or  other  public  place 
owned  or  controlled  by  the  City  of  Monmouth,  any  cow,  horse,  mule 
or  other  animal,  and  any  person  violating  any  of  the  provisions  of 
this  ordinance,  shall  on  conyiction  thereof,  be  fined  not  less  than  one, 
nor  more  than  fifty  dollars  for  each  offense. 

Passed  June  10,  1885. 

Approved  June  11,  1885.  W.  B.  YOUNG,  Mayor. 

Attest:  E.  J.  Clarke,  City  Clerk. 


29  . 

An  Ordinance  creating  the  office  of  city  scavenger,  and  defining  his 
duties . 

Be  it,  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  "  There  is"  hereby  created  the  office  of  city  scavenger, 
who  shall  hold  his  office  for  the  term  of  one  year,  and  until  his  suc¬ 
cessor  shall  be  appointed  and  qualified. 

Sec.  2.  He  shall  be  appointed  by  the  mayor,  by  and  with  the 
consent  of  the  City  Council,  within  thirty-five  days  after  the  passage 
of  this  ordinance  and  on  the  first  Monday  in  May,  1886,  or  as  soon 
thereafter  as  may  be,  and  annually  thereafter. 

Sec.  3.  Said  scavenger  shall,  before  entering  upon  the  duties  of 
his  office,  execute  a  bond  to  the  City  of  Monmouth  in  the  sum  of 


18 


ORDINANCES. 


five  hundred  dollars,  ($500),  with  sureties  to  be  approved  by  the 
Mayor,  conditioned  for  the  faithful  performance  ol  the  duties  of  his 
office. 

Sec  4.  It  shall  be  the  duty  of  the  scavenger  to  collect  garbage, 
slops  and  the  contents  of  privy  boxes,  drawers  and  pails  that  are  con¬ 
structed  upon  the  dry  earth  system,  whenever  he  shall  receive  notice 
from  any  member  of  the  Board  of  Health  or  from  persons  desiring 
such  services  rendered,  and  cart  the  same  to  such  places  as  may  be 
designated  by  the  Board  of  Health. 

Sec.  5.  The  scavenger  shall,  before  entering  upon  the  duties  of 
this  office,  provide  himself  with  a  water  tight  close  box,  or  vehicle,  so 
arranged  as  to  prevent  escape  of  liquids  and  offensive  odors  therefrom 
in  the  conveyance  of  garbage,  slops  and  other  matter  through  the 
streets. 

Sec.  6.  Said  scavenger  shall  be  governed  and  directed  by  the 
Board  of  Health  and  it  shall  be  unlawful  for  any  person  other  than 
the  city  scavenger  to  gather  up  and  convey  through  any  street  or  al¬ 
ley  the  contents  of  privy  boxes,  pails  or  vaults  in  any  other  than  a 
tight  box. 

Sec.  7.  The  scavenger  shall  receive  for  his  services  fees  as  are 
herein  stated,  and  are  to  be  paid  by  the  person  or  persons  for  whom 
the  work  is  peformed,  and  must  be  collected  bv  the  scavenger  or  his 
agent. 

The  schedule  of  prices  shall  be  as  follows:  For  emptying  one 
barrel  of  slop  not  to  exceed  forty-two  (42)  gallons,  forty  cents;  one- 
half  barrel,  twenty-five  cents;  one  pail  of  dejection  from  dry  earth 
closet,  twenty-five  cents;  for  each  dry  earth  drawer  or  box,  which 
has  contents  not  exceeding  eight  cubic  feet,  seventy-five  cents,  and 
five  cents  for  each  additional  cubic  foot;  for  each  load  of  garbage  one 
dollar. 

The  fees  for  other  work  not  provided  for  in  this  ordinance  shall 
be  regulated  by  the  Board  of  Health. 

Passed  July  6,  1885. 

Approved  July  13,  1885.  W.  B.  YOUNG,  May  of. 

Attest:  E.  J.  Clarke,  City  Clerk. 


SO 

An  Ordinance  vacating  a  part  of  the  north  addition  to  Monmouth 
cemetery. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  the  portion  of  the  north  addition  to  Monmouth 
cemetery  situated  on  the  southwest  corner  of  the  southwest  quarter  of 
section  twenty  (20),  in, township  eleven  (11)  north,  range  two  wTest  of 


ORDINANCES. 


19 


fourth  P.  M.,  known  as  lots  4,  5,  12,  13,  20,  21,  28  and  29,  in  block 
ten  (10)  in  said  addition,  be  and  the  same  is  hereby  vacated. 

Passed  August  7,  1885. 

Approved  August  8,  1885.  W.  B.  YOUNG,  Mayor. 

Attest:  E.  J.  Clarke,  City  Clerk. 


An  Ordinance  to  amend  section  1002  of  the  municipal  code  of  the 

City  of  Monmouth: 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  section  1002  of  the  municipal  code  of  the  City 
of  Monmouth  be  and  the  same  is  hereby  amended  so  as-  to  read  as  fol¬ 
lows,  to-wit:  It  shall  be  the  duty  of  the  superintendent  of  streets  to 
notify  between  the  first  day  of  May  and  the  first  day  of  March  next, 
thereafter,  all  persons  required  to  labor  on  the  streets,  of  the  time 
and  place,  when  and  where,  and  of  the  tools  with  which  they  shall 
peform  such  labor,  which  notice  may  be  served  by  the  superintend¬ 
ent  of  streets,  or  by  any  other  officer  authorized  to  serve  process  in 
the  city. 

Passed  September  18,  1885. 

Approved  September  23,  1885.  W.  B.  YOUNG,  Mayor,. 

Attest:  E.  J.  Clarke,  City  Clerk. 


32 

An  Ordinance  to  amend  sidewalk  ordinance  No.  10,  passed  Sep¬ 
tember  18.  1885. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  these  words  be  inserted  in  section  one  of  said 
ordinance  after  the  words  “forty  inches  wide.”  “Except  the  walk  on 
the  south  side  of  said  block  nineteen  (19),  of  the  old  town  plat  of  said 
city,  which  shall  be  fifty  inches  wide  and  shall  be  constructed  upon 
the  grade  as  made  by  City  Engineer  T.  S.  McClanahan,  and  ap¬ 
proved  by  the  City  Council  Oct.  5,  1885.” 

Passed  November  2,  1885. 

Approved  November  12,  1885.  W.  B.  YOUNG,  Mayor, 

Attest:  E.  J.  Clarke,  City  Clerk. 


20 


ORDINANCES. 


33 

An  Ordinance  in  relation  to  the  extension  of  Oak  street. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  Oak  street  be  and  the  same  is  hereby  extend¬ 
ed  from  South  Main  street  west  through  Morgan’s  second  addition, 
to  intersect  West  Avenue  the  same  width  as  that  part  already 
opened. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  October  5,  1885. 

Approved  October  26,  1885.  W.  B.  YOUNG,  Mayor. 

Attest:  E.  J.  Clarke,  City  Clerk. 


34 

An  Ordinance  establishing  the  “north  addition  to  the  new  cemetery 
ot  the  City  of  Monmouth. ” 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  that  portion  of  Monmouth  cemetery,  surveyed 
and  platted  by  Thos.  S.  McClanahan,  surveyor,  July  12  to  24,  A.  D. 
1880,  filed  for  record  December,  14.  1880  and  recorded  in  book 
63  of  deeds  in  the  recorder’s  office  of  Warren  county,  page 
620,  lying  in  the  southwest  corner  of  the  southeast  quarter 
of  section  twenty  (20),  township  11  N.,  2  W.  of  the  4th  prin¬ 
cipal  meridian,  Warren  county,  Illinois,  designated  on  said 
plat  as  “map  of  cemetery,”  and  described  in  deeds  prior  to  this  date 
as  “new  cemetery,"  “new  addition  to  cemetery."  “north  addition,” 
and  “cemetery  addition."  hereafter  be  known  and  described  as  the 
“north  addition  to  the  new  cemetery  of  the  City  of  Monmouth. 

Sec.  2.  That  this  ordinance  take  effect  and  be  in  force  from  and 
after  its  passage. 

Passed  January  4.  1886. 

Approved  January  4,  1886.  W.  B.  YOUNG,  Mayor. 

Attest:  E.  J.  Clarke.  City  Clerk. 


35 

An  Ordinance  to  regulate  porters  and  runners. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  It  shall  be  unlawful  for  any  hack,  omnibus,  or  any 
other  vehicle  for  carrying  passengers  or  baggage,  to  have  more  than 
one  runner,  or  porter,  on  the  grounds  of  any  railroad  company,  whose 
depot  is  located  within  the  limits  of  this  city,  to  solicit  passengers  or 
baggage.  The  proprietor  of  any  hotel,  hack  ,  omnibus,  or  baggage 
wagon,  if  engaged  in  soliciting  passengers,  or  baggage,  shall  be  con- 


ORDINANCES. 


21 


sidered  a  runner,  and  subject  to  the  following  rules  and  regulations. 

Sec.  2.  Every  runner,  or  porter,  is  required  to  wear  a /metallic 
badge,  exposed  to  view,  bearing  the  name  of  the  house,  if  anjy  and 
number  ot  the  hack,  omnibus,  baggage  wagon,  or  any  othei  ’vehicle 
which  he  represents,  and  each  proprietor  shall  be  responsible  for  the 
-acts  of  his  runner  or  porter. 

Sec.  3.  It  shall  be  unlawful  for  any  runner,  porter  or  other  per¬ 
son  to  solicit  passengers,  or  baggage,  on  the  depot  grounds,  or  at  any 
other  place  than  that  provided  for  such  purposes  by  the  company 
having  control  of  the  grounds,  and  then  not  in  a  boisterous  tone  of 


voice. 

Sec.  4.  Whoever  shall  violate  any  of  the  sections  ot  this  ordi¬ 
nance  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars. 
Passed  March  1,  1886.  ,, 

Approved  March  11,  1886.  W.  B.  YOUNG,  Mayor. 

Attest:  E.  J.  Clarke,  City  Clerk. 


36 


An  Ordinance  granting  privilege  tor  the  erection  ot  poles  and  the 
stringing  of  electric  light  wires  thereon,  in,  on  and  along  the 
streets  and  alleys  of  the  City  ot  Monmouth,  Illinois. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

That  .there  be  and  is  hereby  granted  to  the  Brooklyn  Electric  Con¬ 
struction  company  and  the  Thompson  &  Huston  Electric  Light  Com¬ 
pany  (or  any  company  representing  the  Thompson-Huston  system  of 
eleetrie  light)  its  associates,  successors,  representatives  or  assigns,  the 
rmht  ■and'pri'vilege  to  erect  and  maintain  poles  and  string  electric 
lmht  wires  thereon,  in,  on  and  along  the  streets  and  alleys  of  the  City 
of  Monmouth,  Illinois;  said  poles  to  be  set  under  the  direction  ot  the 
Superintendent  ot  Streets  of  said  city,  or  under  the  direction  ot  any' 
recognized  authority  of  the  City  Council  ot  said  city. 

The  said  Brooklyn  Electric  Construction  Company,  or  the  1  homp- 
son  &  Huston  Electric  Light  Company  (or  any  company  representing 
the  Thompson-Huston  system  of  electric  light)  its  associates,  suc¬ 
cessors,  representatives  or  assigns,  agreeing  to  erect  said  poles  and 
string  said  electric  wires  in  such  a  manner  as  to  prevent  any  damage 
occurring  to  property,  either  public  or  private,  by  reason  thereof,  and 
to  string” such  wires  in  such  manner  as  to  prevent  any  damage  oc- 
euring  to  persons  or  property  by  reason  of  electricity. 

That  the  Brooklyn  Electric  *  Construction  Company,  or  the 
Thompson  &  Huston  Electric  Light  Company  (or  any  company  rep¬ 
resenting  the  Thompson-Huston  system  of  electric  light)  and  their 
associates  and  assigns  shall  dress  the  tops  of  all  poles  set  by  them  m 
the  usual  way,  with  the  ring  at  the  top  ready  to  receive  the  insulator 
and  the  said  city  shall  have  the  free  use  of  the  tops  of  all  poles  tor 


22 


ORDINANCES. 


lire  alarm  purposes  only,  also  the  right  to  enter  upon  the  said  poles 
lor  the  purpose  of  adjusting  said  fire  alarm  wires  at  any  and  all  times 
without  the  intervention  ot  the  owners  of  said  poles,  or  any  cost  or 
charges  to  the  city. 

Passed  March  1,  1886. 

Approved  March  11,  1886.  W.  B.  YOUNG,  Mayor. 

Attest:  E.  J.  Clarke,  City  Clerk. 


37 

An  Ordinance  in  regard  to  additions  to  the  City  of  Monmouth: 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  In  any  addition  or  sub-division  of  lots  or  blocks, 
hereafter  made  to  or  in  the  city,  the  proprietors  shall  so  plat  and  es¬ 
tablish  the  same  that  the  streets  and  blocks  shall  conform  to  the  es¬ 
tablished  streets  and  blocks  which  such  addition  or  sub-division  may 
adjoin;  such  streets  to  be  continuous  and  straight  and  of  the  same 
width — provided  any  desired  charge  may  be  made  in  these  particulars 
by  consent  of  the  City  Council  to  whom  all  the  said  plats  and  sub¬ 
divisions  shall  be  first  submitted  at  a  regular  meeting  thereof,  before 
recording  the  same,  and  any  person  violating  this  section,  shall  be 
subject  to  a  penalty  oi  not  less  than  ten  nor  more  than  two  hundred 
dollars. 

Sec.  2.  It  shall  be  the  duty  of  the  City  Engineer  and  Surveyor, 
or  other  Surveyor,  who  may  take  any  plat  of  any  addition  or  sub¬ 
division,  to  make  out  and  leave  with  the  city  a  full  and  perfect  copy 
thereof  to  be  made  upon  a  scale  anti  paper  corresponding  with  the 
like  plats  in  the  City  Clerk’s  office,  or  such  as  is  required  by  ordinance, 
and  any  person  violating  this  s action  shall  be  subject  to  a  penalty  of 
five  dollars. 

Pqoopr]  A  nril  o  1 

Approved  April  15,  1886.  W.  B.  YOUNG,  Mayor. 

Attest:  E.  J.  Clarke,  City  Clerk. 


38 

An  Ordinance  to  amend  article  XXXVII,  entitled,  “Saloons,”  of. 
chapter  XIII  of  an  ordinance  entitled  an  ordinance  for  revising 
and  consolidating  the  several  ordinances  of  the  City  of  Mon¬ 
mouth. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

That  article  XXXYll  of  chapter  XIII  of  an  ordinance  entitled 
“an  ordinance  for  revising  and  consolidating  the  several  ordinances 
of  the  City  of  Monmouth"'  be  and  the  same  is  hereby  amended  so  that 
section  913  shall  read  as  follows,  to- wit:  913:  The  City  Council  may 


ORDINANCES. 


23 


in  its  discretion  grant  license  to  such  persons  as  it  may  deem  proper 
for  the  sale  of  spirituous,  vinous,  fermented  and  malt  liquors,  in 
quantities  less  than  one  gallon,  within  the  corporate  limits  of  the 
City  of  Monmouth,  except  that  no  such  license  shall  be  granted  any 
person  to  sell  such  liquors  within  five  blocks  of  any  railway  depot  in 
said  city;  and  provided  further,  that  such  license  shall  be  granted 
under  provisions  and  restrictions  of  the  statutes  of  the  State  of  Illi¬ 
nois  and  subject  to  the  following  additional  regulations. 

Passed  May  3,  1886. 

Approved  May  3,  1886.  D.  BABCOCK,  Mayor  pro  tern. 

•  Attest:  E.  J.  Clarke,  City  Clerk. 


39. 

An  Ordinance  to  amend  an  ordinance  entitled  “an  ordinance  to 

ore  vent  intoxication  and  disorderly  conduct.” 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  section  2  of  an  ordinance  entitled  “an  ordin¬ 
ance  to  prevent  intoxication  and  disorderly  conduct/’  passed  by  the 
City  Council  May  5,  1881,  and  approved  by  the  Mayor  May  6,  1881, 
be  amended  to  read:  “Sec.  2.  Any  owner,  lessee,  occupant,  or  agent  of 
such  owner,  lessee,  or  occupant,  who  shall  >ive  consent  to  any  per¬ 
son  or  persons  to  drink  any  intoxicating,  malt,  vinous,  mixed  or  fer¬ 
mented  liquors  in  any  alleys,  shed,  barn,  outbuilding,  open  hallway, 
or  stable  yard,  shall  be  liable  to  a  penalty  of  five  dollars  for  each  of¬ 
fense/' 

Sec.  2.  That  section  3  of  said  ordinance  be  and  the  same  is 
hereby  repealed. 

Passed  May  6,  1886. 

Approved  May  8,  1886.  D.  BABCOCK,  Mayor  pro  tern. 

Attest:  E.  J.  Clarke,  City  Clerk. 


40 

An  Ordinance  to  further  regulate  the  sale  of  intoxicating  liquors 
in  the  City  of  Monmouth. 

Be  it  ordained,  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  No  license  under  the  provisions  of  this  article  shall 
be  issued  to  any  person  or  persons  to  keep  a  dram  shop  in  any  place 
under  ground,  or  in  any  cellar  or  basement,  or  in  any  room  above  the 
first  or  ground  floor.  No  games  of  any  kind  shall  be  permitted  at 
or  within  such  dram  shop.  Every  dram  shop  kept  under  the  provis¬ 
ions  of  this  ordinance,  wherein  any  person  is  permitted  or  suffered  to 
play  at  any  game  of  skill  or  chance,  for  money,  cigars,  tobacco,  li¬ 
quors,  or  other  valuable  thing,  or  for  pastime,  is  hereby  declared  to 


24 


ORDINANCES. 


be  a  disorderly  house,  and  no  person  shall  keep  or  maintain  such  dis¬ 
orderly  house  under  a  penalty  of  not  less  than  ten  nor  more  than  one 
hundred  dollars  for  each  offense. 

Sec.  2.  It  shall  not  be  lawful  in  the  room  where  such  dram  shop 
is  located  to  obstruct  or  prevent  a  full  view  ot  said  room  from  the 
public  street,  b)^  means  of  any  screen,  frosted  windows,  window  blind, 
curtain  partition,  or  any  other  object  whatever,  but  the  entire  room 
where  such  liquor  is  sold  or  drank,  shall  be  plainly  visible  at  all 
times,  by  day  and  by  night,  from  the  public  street,  and  shall  at  all 
times  be  accessible  to  the  police,  and  any  person  or  agent  who  shall 
be  adjudged  guilty  of  a  violation  of  this  section  shall  be  liable  to  a 
penalty  of  not  less  than  fifty  dollars. 

Sec.  3.  All  ordinances  or  parts  of  ordinances  which  in  any  way 
conflict  with  the  provisions  of  this  ordinance,  are  hereby  repealed. 

Passed  May  10, 1886. 

Approved  May  11, 1886.  W.  B.  YOUNG,  Mayor. 

Attest:  E.  J.  Clarki*  City  Clerk. 


41 

An  Ordinance  forbidding  any  concerts  or  musical  entertainment  in 
any  saloon  in  the  City  of  Monmouth. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  hereafter  it  shall  be  unlawful  for  any  concert 
or  musical  entertainment  to  be  given  in  any  saloon  in  the  City  of 
Monmouth,  and  any  person  assisting  or  participating  in  such  concert 
or  musical  entertainment  in  any  saloon  in  said  city,  shall  on  convic¬ 
tion  thereof  be  fined  not  less  than  three  nor  more  than  twenty-five 
dollars. 

Sec.  2.  It  shall  also  be  unlawful  for  any  person  licensed  to  sell 
intoxicating  liquors  in  said  city,  his  agents  or  servants  to  suffer  or 
permit  any  concert  or  musical  entertainment  in  any  saloon  where 
such  liquors  are  sold,  and  any  person  so  licensed,  who  by  himself,  his 
agents  or  servants,  violates  the  provisions  of  this  ordinance,  shall  on 
conviction  thereof,  be  fined  not  less  than  three  nor  more  than  fifty 
dollars  for  each  offense. 

Passed  June  7,  1886. 

Approved  June  12,  1886.  W.  B.  YOUNG,  Mayor.- 

Attest:  E.  J.  Clarke,  City  Clerk. 


42 

An  Ordinance  to  amend  an- ordinance  revising  and  consolidating  the 
several  ordinances  of  the  City  of  Monmouth. 

Be  it  ordained'  by  the  City  Council  of  the  Cit}r  of  Monmouth: 

Section  1.  That  paragraph  702,  article  XIII  of  “an  ordinance 
for  revising  and  consolidating  the  several  ordinances  of  the  City  of 


ORDINANCES. 


25 


Monmouth,”  be  and  the  same  is  hereby  amended  to  read  as  follows: 

702.  No  wooden  building  within  the  fire  limits  shall  be  repair¬ 
ed  further  than  to  make  good  the  ordinary  and  natural  deterioration, 
nor  enlarged  in  area  on  ground,  nor  added  to  in  any  manner  without 
a  permit  from  the  fire  marshal;  provided,  no  permit  shall  be  so 
given  whereby  the  fire  risk  may  be  increased,  as  to  such  structure  or 
any  other  adjacent  thereto;  nor  shall  any  wooden  building,  whether 
within  or  without  said  fire  limits  be  removed  to  any  otherplace  with¬ 
in  the  same  without  like  permission  from  the  fire  marshal. 

Passed  July  5,  1886, 

Approved  July  6,  1886.  W.  B.  NOTING,  Mayor.. 

Attest:  E.  J.  Clarke,  City  Clerk. 


43 

An  Ordinance  to  repeal  an  ordinance  entitled,  “an  ordinance  to  reg¬ 
ulate  business  and  amusements  on  the  first  day  of  the  week  com¬ 
monly  called  Sunday.” 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  an  ordinance  entitled,  “an  ordinance  to  regu¬ 
late  business  and  amusements  on  the  first  day  of  the  week  commonly 
called  Sunday,”  passed  July  5,  1886,  and  approved  July  6,  1886,  be 
and  the  same  is  hereby  repealed. 

Passed  July  19,  1886. 

The  ten  days  having  elapsed  during  which  the  mayor  had  the 
discretion  to  approve  or  veto  the  above,  and  he  having  failed  to  return 
the  ordinance  with  his  objections  thereto,  he  is  deemed,  by  law,  to 
have  approved  the  same,  and  the  ordinance  is  in  effect  accordingly. 
Dated  this  3d  day  of  August,  1886. 

E.  J.  Clarke,  City  Clerk. 


44 

An  Ordinance  in  relation  to  privies  owned  by  the  city. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  the  public  shall  be  allowed. to  use  the  privies 
owned  by  the  city  under  such  restrictions  and  regulations,  as  shall 
from  time  to  time  be  made  by  the  Board  of  Health  of  the  city.  Such 
regulations  when  made  by  such  Board  of  Health  shall  be  posted  up 
in  or  about  said  privies. 

Sec.  2.  There  shall  be  employed  a  janitor  who  shall  take  care  of 
said  privies,  under  the  direction  and  regulations  made  by  said  Board 
of  Health,  who  shall  receive  the  sum  of  $15  per  month  for  his  ser¬ 
vices. 


26 


ORDINANCES. 


Sec.  3.  It  shall  be  unlawful  for  any  person  to  use  obscene  or 
indecent  language,  or  be  guilty  of  any  disorderly  conduct  in  or  about 
said  privies,  or  to  violate  the  rules  and  regulations  made  by  the  Board 
of  Health  in  relation  to  said  privies,  and  any  person  convicted  ot  a 
violation  ot  any  of  the  provisions  of  this  ordinance  shall  be  fined  not 
less  than  $25  for  'each  offense. 

P inn!  4  1SRT 

Approved  April  6,  1887.  W.  B.  YOUNG,  Mayor. 

Attest:  E.  J.  Clarke,  City  Clerk. 


45 

An  Ordinance  in  relation  to  the  numbering  of  houses  in  the  City  of 

Monmouth. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  The  numbering  of  all  houses  fronting  upon  the 
public  streets,  avenues  and  thoroughfares,  within  the  City  of  Mon¬ 
mouth,  shall  be  in  conformity  with  the  system,  and  the  rules  follow¬ 
ing: 

Sec.  2.  Main  street  shall  be  the  base  or  dividing  line  for  num¬ 
bering  houses  on  all  streets  or  avenues  running  east  or  west,  and 
Broadway  shall  be  the  base  or  dividing  line  tor  all  streets  or  avenues 
running  north  and  south. 

Sec.  3.  All  streets  and  avenues  running  north  and  south  and 
crossing  and  being  north  of  said  Broadway,  shall  be  designated  by 
the  prefix  North,  and  the  portion  of  all  streets  and  avenues  crossing 
and  being  south  of  said  Broadway,  shall  be  designated  by  the  pre¬ 
fix  South.  All  streets  and  avenues  running  east  and  west  and  cross¬ 
ing  and  being  east  of  Mam  street,  shall  be  designated  by  the  prefix 
East,  and  the  portion  of  all  said  streets  and  avenues  running  east  and 
west  and  crossing  and  being  west  of  said  Main  street  shall  be  desig¬ 
nated  by  the  prefix  West. 

Sec.  4.  The  first  number  on  each  side  of  Broadway  shall  be  one 
hundred  (100)  and  progress  north  and  south  therefrom  at  the  rate  of 
one  hundred  numbers  to  the  distance  of  each  block  from  the  dividing 
line.  The  first  number  upon  each  side  of  Main  street  shall  be  one 
hundred  and  progress  east  and  west  therefrom  at  the  rate  of  one 
hundred  numbers  to  each  block  in  distance  from  said  Main  street. 

Sec.  5.  The  odd  numbers  shall  be  used  upon  the  east  side  ot  all 
streets  and  avenues  running  north  and  south  in  the  City  of  Mon¬ 
mouth,  and  upon  the  south  side  of  ail  streets  and  avenues  running 
east  and  west  in  said  city.  The  even  numbers  shall  be  used  upon  the 
west  side  of  said  streets  and  avenues  running  north  and  south,  anc 
upon  the  north  side  of  all  said  streets  and  avenues  running  east  anc 
west  in  said  city. 


ORDINANCES. 


27 


Sec  6  It  shall  be  the  duty  of  the  city  engineer,  m  pursuance 
of  the  foregoing  sections,  to  establish  and  assign  all  houses  num- 
bers  oil  the  streets,  avenues  and  thoroughfares  of  the  city ,  and  he 
shall  prepare  the  necessary  records  of  the  numbers  so  assigned  by 
him  and  said  records  shall  be  evidence  of  the  numbers  so  assigned  by 
him’-  and  he  shall  on  demand  furnish  each  owner  or  occupant  ot  a 
house  or  such  person  as  may  be  employed  in  numbering  the  houses 
or  bui’ldino-s,  with  the  necessary  information  as  to  tne  number  belong¬ 
ing  to  each  house,  and  all  numbering  shall  be  strictly  in  conformity 
with  the  directions  and  regulations  ot  said  city  engineer,  the  figures 
of  said  numbers  to  be  not  less  than  three  inches  in  length.  . 

Sec  7  All  owners  or  occupants  of  houses  now  erected  or  winch 
may  hereafter  be  erected  within  said  city,  are  hereby  required  to 
number  their  houses  in  conformity  with  the  provisions  of  tins  article, 
and  the  regulations  of  the  city  engineer  in  the  pursuance  thereof. 
And  any  owner  or  occupant  of  any  house  now  erected,  or  hereafter  to 
be  erected,  who  shall  fail  or  refuse  to  number  said  bouse  as  aforesaid, 
within  ten  (10)  days  after  receiving  notice  from  the  city  engineer  to 
number  said  house  or  who  shall  number  any  house  otherwise  than  in 
conformity  with  the  provisions  of  this  ordinance  and  the  regulations 
of  the  city  engineer  shall  on  conviction  thereof  be  fined  not  less  than 
one,  nor  more  than  five  dollars  for  each  offense. 

Passed  Maich  7,  18S7.  vtittmc  \fnrAv 

Approved  March  8,  1887.  W.  B.  YOU^G,  Major. 

Attest:  E.  J.  Clarke,  City  Clerk. 


46 


Ak  Ordinance  amending  an  ordinance  entitled  an  ordinance  in  re¬ 
lation  to  privies  and  water  closets  introducing  the  dry  earth  sys- 

Be  itZdained  by  the  City  Council  of  the  City  of  Monmouth: 

Section  1.  That  section  1  of  an  ordinance  of  the  City,  ot  Mon¬ 
mouth  passed  on  the  10th  day  of  June,  1885,  and  approved  June  11, 
1885,  in  relation  to  privies  and  water  closets  introducing  the  dry 
earth  system  be  amended  so  as  to  read  as  follows. 

That  the  dry  earth  system  ot  privies  and  water  closets,  or  a  suf¬ 
ficient  substitute  therefore,  be  adopted  throughout  the  entire  linn  s 
of  the  City  of  Monmouth  in  the  following  manner:  . 

First.  That  all  privies  and  water  closets  now  existing  within  tne 
fire  limits  of  the  City  ot  Monmouth,  shall  be  reconstructed  upon  the 
plan  known  as  the  dry  earth  system,  or  by  the  construction  of  sufii- 
cient  water  tight  cemented  vaults  within  thirty  days  utter  the  pas¬ 
sage  of  this  ordinance.  .  ,  ^  K ,  -lf 

Second,  That  all  new  privies  and  water  closets  hereafter  hunt, 

or  reconstructed  within  the  entire  limits  of  the  City  of  Monmouth, 


28 


ORDINANCES. 


shall  be  constructed  upon  the  dry  earth  system,  or  by  the  construct 
tion  of  sufficient  water  tight  cemented  vaults. 

Third,  All  privies  that  shall  he  condemned  hereafter  by  the  Board! 
of  Health,  that  are  outside  of  the  fire  limits,  for  not  being  in  com-  = 
pliance  with  Article  XVIII,  numbers  742  and  747,  pages  181  and  182  1 
of  the  municipal  code  of  Monmouth,  shall  be  reconstructed  upon  the 
dry  earth  system,  or  by  the  construction  of  good  and  sufficient  wa-1 
ter  tight  cemented  vaults,  whenever  notice  shall  be  given  by  the; 
health  officer. 

Sec.  2.  That  section  two  (2),  three  (3),  four  (4)  and  five  (5),  of 
said  ordinance  be  and  remain  in  full  force  and  effect  as  the  same  were 
passed  by  the  city  council  of  the  said  City  of  Monmouth,  on  said  10th 
day  of  June,  1885,  and  that  all  ordinances  and  parts  of  ordinances! 
which  may  conflict  with  the  provisions  of  this  ordinance,  be  and  are 
hereby  repealed. 

Passed  June  6,  1887. 

Approved  June  25,  1887.  T.  P.  PILLSBURY,  Mayor. 

Attest:  Eugene  W.  Stevens,  City  Clerk. 


47 


An  Ordinance  to  amend  an  ordinance  of  the  City  of  Monmouth  in 
in  relation  to  streets  and  regulating  fences  along  the  line  of  the 
streets  in  said  city. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Monmouth : 

Section  1.  That  section  nine  hundred  and  ninety-nine,  article 
forty-iwo  of  the  ordinances  of  the  City  of  Monmouth,  be  amended  so 
as  to  read  as  follows: 

It  shall  be  unlawful  for  any  person  to  build  or  place  any  privy 
within  fifteen  feet  of  the  line  of  any  public  street  or  avenue,  or  to 
erect,  plant,  or  grow  any  barbed  wire  or  hedge  fence  within  five  feet 
of  the  line  of  any  public  street  or  avenue  in  the  city,  under  the  pen¬ 
alty  of  hot  less  than  five  or  more  than  twenty  dollars. 

Sec.  2.  Be  it  further  ordained,  that  all  barbed  wire  and  hedge 
fences,  now  standing  or  growing  along  the  line  of  any  public  street 
or  avenue  in  said  city  within  less  than  five  feet  of  the  line  of  said 
public  streets  or  avenues  of  said  city  or  of  the  sidewalks  thereon,  be 
and  the  same  are  hereby  declared  a  nuisance,  and  that  the  superin¬ 
tendent  of  streets  be  and  is  hereby  authorized  to  abate  and  remove 
the  same  according  to  the  provisions  of  the  ordinances  of  said  city 


I 


if* 

IV 

t, 


£■ 


concerning  nuisances. 


Sec.  3.  The  provisions  of  this  ordinance  shall  be  and  remain  in  ' 
force  from  and  after  its  passage. 

Passed  July  7,  1887. 

Approved  July  7,  1887.  1.  P.  PILLSBURY,  Mayor. 

Attest:  Eugene  W.  Stevens,  City  Clerk. 


